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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. In the first instance court, the Plaintiff filed a claim for damages for delay with the agreed interest rate of 2,793,886 won from October 1, 2013 to December 2, 2013, which is the day following the date when the Defendant paid interest on the principal of the loan and the agreed interest rate of 108,752,45 won from December 3, 2013 to March 23, 2016 (12,176 won for delay damages against the principal and agreed interest rate of 108,752,45 won (10,740,279 won for delay damages against the principal) and the interest rate of 12,176 won for delay damages against the principal of the loan from March 24, 2016 to December 38, 2013, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, respectively.
As to this, the defendant appealed only against the damages for delay from December 3, 2013 to May 9, 2016, among the damages for delay, the part claiming damages for delay is within the scope of the judgment of the court.
2. The reasoning of this court concerning this part of the basic facts is as stated in the judgment of the court of first instance, and this part of the basic facts is citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination on damages for delay
A. 1) The Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff the loan principal, agreed interest rate, and damages for delay calculated by the agreed interest rate as stipulated in the loan agreement of this case. 2) As to this, the Defendant asserts that (i) there was no agreement with the Plaintiff at the time of the loan agreement of this case on the interest rate of 12.38% per annum; (ii) damages for delay should be calculated at the rate of 6% per annum as stipulated in the Commercial Act; and (iii) there was no agreement on damages for delay against the agreed
B. A) Determination is based on the claim on the interest rate on delay damages (the Defendant’s assertion) and the agreement on loan transaction in this case (No. 2, No. 13 and No. 5).