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1. The part of the judgment of the court below against the defendant exceeding the following amount ordered to be paid shall be reversed.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal on the interpretation of the Act on the Interpretation of Contracts and the Procurement Business, the lower court, in light of the circumstances stated in its reasoning, determined as follows: (a) on April 12, 2007, that five companies, including the Plaintiff, etc., were the Defendant, who is liable to pay the construction cost of the construction contract for the metropolitan incineration facility construction project
The judgment below
In light of the relevant legal principles and records, such determination by the court below is just, and contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles on the interpretation of a contract or the interpretation of a procurement
2. If an obligor’s assertion on the grounds of appeal as to Article 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is accepted in the first instance trial by disputing the existence and scope of the obligation to perform, even if such assertion is rejected in the appellate trial, such assertion may be deemed to have a reasonable ground. In such a case, it shall be deemed that the interest rate for delay damages as prescribed in Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Act”)
(See Supreme Court Decision 2010Da21696 Decided July 8, 2010, etc.). In this case, the first instance court accepted the Defendant’s assertion and dismissed the Plaintiff’s claim in its entirety, and the lower court subsequently accepted the Plaintiff’s claim in its entirety by following the conclusion of the first instance court. As long as the Defendant’s assertion was accepted in the first instance court, it shall be deemed that there exists a reasonable ground for the assertion. Therefore, even if the Plaintiff’s claim is accepted, the lower court cannot apply the interest rate on delay damages as prescribed in Article 3(1) of the Act until
Nevertheless, Article 3 of the Act on Special Cases Concerning the Service of Copy of Written Complaint from the next day.