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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On April 13, 2011, the Plaintiff (hereinafter referred to as “A”) entered into an agreement on the performance of a contract (hereinafter referred to as “instant agreement”) with the NwebS Loan Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant (hereinafter “Nonindicted Company and the Defendant”) with the following, and deposited KRW 250 million in the Nonparty Company on the same day.
C
B. The Defendant, etc. returned the Plaintiff a total of KRW 120 million, including returning KRW 100 million around May 201, pursuant to the instant agreement.
[Ground of recognition] without any dispute, Gap's No. 1, Gap's No. 3, and Gap's No. 4, the purport of the whole pleadings
2. According to the determination of the Plaintiff’s assertion, barring any special circumstance, the Defendant is jointly and severally liable to pay to the Plaintiff the amount of KRW 130 million that has not been repaid and the damages for delay calculated at the rate of 15% per annum under the Commercial Act from September 10, 2015, which is the day following the delivery date of a copy of the complaint in this case, to October 5, 2016, which is the day when the first instance court rendered a substantial decision, to dispute on the scope of the Defendant’s obligation to pay to the Plaintiff according to the agreement in this case.
(On the other hand, the Plaintiff claimed for the payment of damages for delay from May 1, 201 with respect to the above KRW 130 million from May 1, 201, but the Plaintiff was the person who extended the investment period for the unclaimed amount of KRW 150 million at the time of May 201, and on the other hand, there is no sufficient evidence to acknowledge the fact that the investment extension period has expired after the extension of the investment period and that the Defendant made a demand notice for performance. Therefore, it is reasonable to deem that the date of delivery of a copy of the complaint of this case as the date of delay from the day after the date of delivery of a copy of the complaint of this case
3. Judgment on the defendant's assertion
A. First, the defendant, "the plaintiff," is the plaintiff of this case.