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1. Part of the judgment of the court below against the plaintiff as to damages for delay is reversed, and it is so ordered per Disposition of the court below.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, the lower court rejected the Plaintiff’s respective claims for loans on the grounds that it is insufficient to recognize that the Plaintiff lent each of the above loans to the Defendant, and that there is no evidence to acknowledge otherwise, the lower court rejected the Plaintiff’s respective claims for loans on the grounds that with respect to the claims No. 22 attached No. 1 through No. 3, 5, 7, 8, 9, 10, 11, 13 through 16, 19, and 21 per annum with respect to each of the claims (hereinafter “each of the instant cited claims”), and rejected the Plaintiff’s respective claims for interest or delay damages on the grounds that there is no evidence to acknowledge otherwise.
In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or violating
2. As to ground of appeal No. 2
A. The term “debt arising from commercial activity” to which the statutory interest rate in commercial activities under Article 54 of the Commercial Act applies includes not only obligations arising from both parties’ commercial activity but also obligations arising from an act that constitutes only a commercial activity (see, e.g., Supreme Court Decisions 2014Da200763, Jun. 10, 2016; 99Da10189, Oct. 27, 2000).
The court below rejected the Plaintiff’s legal interest claim under the Plaintiff’s Commercial Act on the grounds that each of the cited claims of this case cannot be deemed as lending money to the Plaintiff as a merchant, and even if the above loan claim is acknowledged on a family basis with respect to No. 4 and No. 6 claims, the above claim is a commercial bond raised by the Defendant as a merchant for business purposes.