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1. The part concerning the principal claim of the judgment of the first instance, including the Plaintiff’s principal claim expanded in the appellate trial.
Reasons
1. The reasoning of the judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420
However, the following judgments are added to the plaintiff's incidental appeal.
2. The Plaintiff filed an incidental appeal with the purport that the amount of KRW 25,097,901, which is the recognized amount of the judgment of the first instance court, shall be paid at 20% interest per annum from the day following the date of the judgment of the first instance to the day of full payment.
The judgment of the court of first instance recognized only KRW 5,395,967, including KRW 4,281,337, and KRW 1,114,630 (= KRW 4,281,337, KRW 114,630), and dismissed the Plaintiff’s claim for restitution of expenses ( KRW 8.50,00) from October 8, 2013 to the date the delivery of each of the stores of this case was completed (finally March 20, 2014).
As above, the Plaintiff claimed 20% of the total amount of KRW 25,097,901 (i.e., KRW 25,097,901) recognized in the judgment of the first instance court (i.e., KRW 20% of the damages for delay). As to the Plaintiff’s claim for restitution of unjust enrichment against Defendant B, it shall be deemed that the Plaintiff’s claim for restitution of unjust enrichment against Defendant B was requested for performance by serving the Defendant B’s application for change of the claim and the cause of the claim
(See Article 387(2) of the Civil Act. Accordingly, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from December 12, 2014 to the day of full payment, as requested by the Plaintiff, based on the Plaintiff’s claim, the amount of KRW 25,097,901 as seen earlier and the amount of damages for delay calculated from December 12, 2014 to the day of full payment.
However, as seen earlier.