The part of the judgment of the court below against Defendant A is reversed, and this part is as follows.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The part of the claim against the defendant A

A. The lower court accepted the Plaintiff’s appeal and accepted KRW 1,047,977,325, more than KRW 871,738,794, which the first instance court accepted as the Plaintiff’s damage claim that the Plaintiff acquired, and determined that the damages for delay was reasonable to dispute the existence and scope of the Defendant’s obligation to pay the entire amount cited by the lower court until the date of the lower judgment, and thus, ordered the payment of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 10, 2013 to July 16, 2015, which is the date following the date of the instant fire, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that "where it is deemed reasonable for an obligor to resist the existence or scope of the obligation," refers to cases where the obligor’s assertion of the existence or scope of the obligation is deemed to be reasonable.

If the first instance court accepted only a part of the Plaintiff’s claim and rejected the remainder of the claim, barring any special circumstance, it is reasonable for the Defendant to resist the existence or scope of the obligation until the date of a declaration of the first instance judgment. Therefore, the statutory interest rate under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall not apply to the compensation for delay of the cited amount until the date of a declaration of the first instance judgment.

(See Supreme Court Decision 98Da64103 delivered on February 23, 199). Examining the above legal principles and records, it is reasonable that the Defendant’s defense against KRW 1,746,628,875 of the Plaintiff’s claim amount is reasonable, and the Defendant’s defense against KRW 871,738,794 cited by the first instance court is governed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until the date of the first instance judgment.