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1. The judgment of the first instance court, including a claim for reduction and modification in the trial, shall be modified as follows:
The plaintiff.
Reasons
1. The scope of the trial at the court of first instance claimed damages of KRW 143,54,422 due to the nonperformance of obligation or the tort of KRW 246,692,930 and the penalty of KRW 390,247,352 in total (= KRW 143,554,422, KRW 246,692,930). The court of first instance dismissed all the Plaintiff’s claims for damages at the rate of 20% per annum from the day following the delivery of a copy of the application for the purport of the claim and the change of the cause of the claim as of May 8, 2014 to the day of complete payment.
Accordingly, the Plaintiff appealed against the judgment of the first instance court, and the court of the first instance rejected the claim for damages for nonperformance of obligation or tort and for delay damages for this, and the Plaintiff changed the part of the claim for penalty and for delay damages for the payment of “20% interest per annum from the day after the copy of the application for claim and change of the cause of claim was served on April 29, 2015 to the day of complete payment”.
However, the court prior to remand accepted part of the Plaintiff’s claim by citing the Plaintiff’s claim “297,926,860 won and the part of “6% per annum from April 30, 2015 to May 22, 2015, which is the day following the delivery of a copy of the request for correction of the purport of the claim and the cause of the claim as of April 29, 2015, which is the day of the judgment prior to remand, and 20% per annum from the next day to the day of full payment.” However, the appeal against the remainder of the Plaintiff’s claim (part of delay damages) was dismissed.
Therefore, only the defendant appealed against the judgment before remand, and the Supreme Court reversed and remanded only the part against the defendant in the judgment before remanding.
Therefore, only the part of the plaintiff's claim partially cited in the judgment before the remand of the plaintiff's claim is subject to the judgment after the remand of the case.
2. Basic facts
A. The status of the parties as the Plaintiff, Inc., Ltd., and their trade name on May 19, 201.