1. The Defendant’s KRW 86,230,70 for the Plaintiff and KRW 5% per annum from August 1, 2018 to December 17, 2018.

Facts of recognition

The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the entries in Gap evidence Nos. 1 through 8.

Judgment

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 86,230,700 won for indemnity and the delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from August 1, 2018 to December 17, 2018, the delivery date of a copy of the complaint in this case, 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to May 31, 2019, and 12% per annum prescribed by the same Act from the next day to the day of full payment.

The Plaintiff sought for the payment of damages for delay calculated at the rate of 15% per annum for the period after June 1, 2019. However, since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 29678, Jun. 1, 2019, the statutory interest rate under the aforesaid Act was revised to 12% per annum, the Plaintiff’s claim for this part is rejected.

Although the defendant asserts that there is no sufficient means to repay, this is not a justifiable ground to refuse the plaintiff's claim, so the defendant's above argument is without merit.

In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are without merit, and it is so dismissed as per Disposition.