1. Of the judgment of the first instance, the part concerning a claim for damages for delay from December 1, 2014 to January 28, 2015 shall be revoked.

2...

1. Basic facts

A. The Plaintiff filed a lawsuit with the Ulsan District Court 2015Gahap386 seeking the payment of loans and remuneration for the Defendant at a rate of 15% per annum from the day following the delivery date of a copy of the complaint to the day of complete payment (hereinafter “pre-appeal”), and the copy of the complaint was served on the Defendant on January 28, 2015.

B. On January 20, 2016, the first instance court accepted the Defendant’s offset defense and rendered a judgment ordering the payment of damages for delay from November 24, 2015, which recognized the offset date as the offset date.

C. The Plaintiff appealed. Of the part against the judgment of the court of first instance, the Plaintiff appealed only on “160,585,639 won and damages for delay calculated at the rate of 15% per annum from November 24, 2015 to the date of full payment.”

On November 10, 2016, the appellate court of the previous suit accepted part of the Plaintiff’s appeal, and rendered a judgment that “The part against the Plaintiff corresponding to the amount ordered to pay additional amounts under the judgment of the first instance shall be revoked. The Defendant shall pay to the Plaintiff 107,901,445 won and the amount calculated by the rate of 6% per annum from November 24, 2015 to November 10, 2016, and 15% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2-2, Eul evidence 1-1, substantial facts in this court, the purport of the whole pleadings

2. Determination

A. The Plaintiff, based on the premise that the period of repayment of a loan and a remuneration claim against the Defendant is November 30, 2014, filed a claim for the payment of damages for delay from December 1, 2014 to November 23, 2015, which was recognized in the previous lawsuit, on the premise that the period of repayment of the loan and remuneration claim against the Defendant is November 30, 2014. The Plaintiff’s claim for damages for delay and the damages for delay claimed by the Plaintiff as the instant lawsuit, all of which the Plaintiff claimed against the Defendant at the previous lawsuit.