Among the parts concerning delay damages from August 19, 2015 to February 3, 2017, KRW 16,660,710 shall apply.

1. According to Article 3 of the Trial of Small Claims Act, with respect to small claims, an appeal may be filed only when a judgment on whether or not the violation of the law, rules of order or disposition, or the violation of the law is unfair, or when a judgment contrary to the Supreme Court precedents is rendered.

Here, “when the Supreme Court rendered a decision contrary to the Supreme Court’s precedents” refers to a case where the Supreme Court’s decision is made on the application of the statutory provisions applicable to a specific case to the relevant case, which are subject to the definition interpretation through a trial of the Supreme Court, or on the premise of the opposite interpretation contents, to the relevant case.

(1) Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”) provides that “Where it is deemed reasonable for an obligor to dispute the existence or scope of the obligation prior to the adjudication of the fact-finding court declaring that the obligor has the obligation to perform the obligation to perform the obligation to the obligor, paragraph (1) shall not apply to the reasonable extent.” However, if the obligor argues the existence and scope of the obligation to perform the obligation and accepts the assertion in the first instance trial, even if such assertion was rejected in the appellate trial, the assertion can be deemed reasonable.

Therefore, in such cases, the Supreme Court's decision that the interest rate for delay damages under Paragraph 1 of the same Article cannot be applied until the date the judgment of the appellate court is rendered.

(See Supreme Court Decisions 97Da50725 Decided May 8, 1998, 2013Da211346 Decided January 29, 201, etc.). 2. (1) The first instance court accepted the Defendant’s assertion and dismissed the Plaintiff’s claim in its entirety, and the lower court revoked the first instance judgment and accepted the Plaintiff’s claim in its entirety.