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1. The judgment of the first instance court, including the Plaintiff’s claim extended in the trial room, shall be modified as follows.
The defendant.
Reasons
1. We examine the determination on the cause of the claim. The fact that the plaintiff extended the sum of KRW 71 million to the defendant six times from February 25, 2013 to March 29, 2013 is not in dispute between the parties, or that the loan was made after the lapse of three months from the date of the loan, may be recognized by taking into account each of the statements in subparagraphs A1 through 3 (including the number of pages), and the entire purport of the pleadings.
According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from June 29, 2013, which is the date following June 28, 2013, when three months have elapsed since the loan 71 million won and the last loan 3 months have passed since the due date for repayment, to the plaintiff, until May 17, 2017, which is the date the judgment was rendered by the defendant, and the damages for delay calculated by the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
(1) The plaintiff filed an incidental appeal to this court for damages for delay calculated at the rate of 5% per annum from March 29, 2013 to the due date for repayment, which is the final loan date. However, the plaintiff's claim for damages for delay, which is not the agreed interest for the loan of this case from March 29, 2013 to March 28, 2015, is being additionally claimed by the court of this case. In conclusion, the plaintiff's claim of this case is justified within the extent of the above recognition, and the remaining claims shall be dismissed as there are no grounds. The judgment of the court of first instance is partially unfair, and it is so ordered that the judgment of the court of first instance, including the defendant's appeal and the plaintiff's claim extended in the trial, should be modified as above.