1. The Defendant’s KRW 67 million and KRW 3 million among the Plaintiff’s KRW 67 million and the Plaintiff’s KRW 64 million.

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff partially dismissed the Plaintiff claimed damages for delay calculated at the rate of 12% per annum from the day after the copy of the instant complaint is served to the day of complete payment, which is stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

However, statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings can be applied from the day following the date on which a written complaint seeking the performance of a monetary obligation or a document corresponding thereto was served on the obligor. If an obligee expands the claim, the interest rate under the said provision can be applied to the extended claim amount from the day following the day on which the written statement expanding the claim was served on the obligor (see, e.g., Supreme Court Decision 2015Da49576, May 11, 2017). Thus, it is reasonable to view that the annual interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings can be applied to the extended claim amount (=67 million won of the claim amount claimed as of June 20, 2019 - three million won of the written complaint) from June 20, 2019 to the day on which the written request for alteration of the claim as of June 22, 2019.

Therefore, the part of the plaintiff's damages for delay exceeding the above recognition scope is dismissed.