The Plaintiff (Counterclaim Defendant)’s appeal is dismissed.

The defendant-Counterclaim (Counterclaim)'s incidental appeal shall be dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the appeal by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) against the principal lawsuit, the Plaintiff appealed the entire part against the Plaintiff, among the judgment below, on the part against which the Plaintiff lost. However, as to the part against which the principal lawsuit was lost, there is no indication in the petition of appeal or the appellate brief of the grounds

2. As to the Plaintiff’s grounds of appeal on counterclaim, the lower court, on the premise that Article 44(5) and (4) of the Plaintiff’s articles of incorporation was applied not only to cases where an agreement was reached on the amount of liquidation but also to cases where a decision was made on acceptance, determined that the Plaintiff is liable to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on the premise that Article 44(5) and (4) of the Plaintiff’s articles

In light of the relevant legal principles and records, the above determination by the court below is justifiable. Contrary to the allegations in the grounds of appeal, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

3. The Defendant’s incidental appeal against the Defendant’s non-objected appeal may be made even after the right to appeal is extinguished, but the Defendant’s incidental appeal may not be corrected as it is unlawful, as it is not filed within the time limit for filing the appellate brief (the Defendant’s supplementary appeal was received on October 8, 2019, when the period of time is elapsed).

4. Therefore, the Plaintiff’s appeal is dismissed, and the Defendant’s appeal is dismissed, and the costs of appeal and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.