beta
Text
1.The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:
The plaintiff.
Reasons
1. The dismissed part of the lawsuit
A. We examine ex officio the issue of the Plaintiff’s claim by reducing the Plaintiff’s claim in the trial among the Plaintiff’s lawsuit, and then re-ex officio the part seeking payment of “31,691,147 won and the amount at the rate of 24% per annum from May 21, 2013 to the delivery date of the duplicate of the instant complaint, and 15% per annum from the following day to the date of full payment.”
B. According to the records of recognition, the following facts are recognized.
① From May 21, 2013 to the delivery date of a copy of the complaint in this case, the Plaintiff claimed against the Defendant “as to KRW 207,270,429, and KRW 31,691,147, the Defendant paid 24% per annum from May 21, 2013 to the delivery date of the copy of the complaint in this case, KRW 90,000 per annum from March 8, 2013 to the delivery date of the copy of the complaint in this case, KRW 6% per annum, KRW 80,019,282 from May 11, 2012 to the delivery date of the copy of the complaint in this case, KRW 5% per annum from the next day to the full payment date, and KRW 15% per annum from the next day to the date of the complete payment date, KRW 5,560,500,00 per annum, the Plaintiff did not claim the Plaintiff to pay the amount of KRW 15% per annum from 214,21416.7.
② In filing a petition of appeal, the Plaintiff extended the purport of the claim by adding to the Plaintiff the amount of KRW 5,560,000 from May 21, 2013 to the service date of a duplicate of the complaint of this case; KRW 24% per annum from the next day to the day of complete payment; and KRW 15% per annum from the next day to the day of complete payment; and the Defendant’s filing of a petition for modification of the purport of claim from January 9, 2018 to the day of delivery of a duplicate of the complaint of this case as to KRW 175,579,282 and KRW 5,560,00 per annum from May 21, 2013 to the day of delivery of a duplicate of the complaint of this case.