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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. Following a counterclaim filed by this Court.
Reasons
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted to this court was presented, the fact-finding and judgment of the court of first instance are justified.
Therefore, the reasoning of the court’s explanation on the instant case is as follows: (a) using the last two pages of the judgment of the court of first instance as “a claim and judgment as to the main claim”; and (b) citing the reasoning of the judgment of the court of first instance, other than additional determination as to the counterclaim claim filed by this court, as stated in the reasoning of the judgment of first instance; and (c) citing it as it is in accordance with
2. According to the determination on the above basic facts and the claim for main lawsuit in determination, the Plaintiff is obligated to pay to the Defendant damages for delay calculated at the rate of 9% per annum from September 10, 201 to November 30, 201, which is the date following the date of borrowing the loan to the scheduled repayment date, 12% per annum from the following day to November 26, 201, which is the date of delivery of the duplicate of the instant counterclaim, and 15% per annum from the following day to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the defendant's counterclaim of this case shall be accepted as it is with merit.
The judgment of the court of first instance as to the claim of a principal lawsuit is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench to order the payment of the above amount to the plaintiff upon the counterclaim filed by this court