The portion of the lower judgment concerning delay damages shall be 107,512,754 won per annum from March 7, 2014 to December 3, 2015.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below as to the assertion of violation of the rules of evidence, the court below rejected the defendant's assertion of reduction of construction cost and the claim of deduction of civil petition cost

In light of the records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the interpretation of the disposition document, or by exceeding the bounds of the free evaluation

2. As to the assertion of misapprehension of legal principles as to statutory interest rate under Article 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion, etc. of Legal Proceedings”), Article 3(2) of the Litigation Promotion Act provides that “Where it is deemed reasonable for an obligor to resist the existence or the scope of the obligation before a fact-finding court declaring that the obligation is owed to the obligor, the provisions of paragraph (1) shall not apply to the reasonable extent.” However, if the obligor’s assertion was accepted in the first instance court by disputing the existence and the scope of the obligation, even if such assertion was rejected in the appellate court, the assertion can be deemed to have a reasonable ground, and in such a case, the interest rate

(see, e.g., Supreme Court Decisions 97Da50725, May 8, 1998; 2014Da26521, Aug. 20, 2014). In light of the above legal principles, if the Defendant’s assertion was accepted in the first instance court and the Plaintiff’s claim was dismissed, even if the Defendant’s claim was rejected in the lower court, the assertion can be deemed to have a reasonable ground. Therefore, even if the Plaintiff’s claim was rejected, the lower court should be deemed not to apply the interest rate for delay damages as prescribed in Article 3(1) of the Act on Special Cases Concerning the Settlement of Residents’ Claims until the date the lower court