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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Judgment as to the main claim
A. (1) Determination as to the cause of the claim 1) On February 15, 2012, the Plaintiff: (a) deposited KRW 30,000,00 and KRW 26,998,544 to the Defendant on a fixed-term deposit with the welfare-based interest rate of KRW 4.218% per annum (the maturity date February 15, 2013) for a fixed period of one year (the instant deposit) (hereinafter “instant deposit”).
(i)in the case of interest, the basic terms and conditions of deposit transactions applicable to the said deposit contract (hereinafter referred to as “terms and conditions”);
(2) According to Article 9(1) of the Act, the Defendant is liable to pay to the Plaintiff the interest calculated at the agreed rate of 4.218% per annum from February 15, 2012 to February 15, 2013, the due date of maturity, and to pay the interest calculated at the agreed interest rate of 56,98,544 won (=30,000,000 won 26,998,544 won) and the interest calculated at the rate of 4.218% per annum from February 15, 2013 to February 15, 2013, and from December 22, 2015 to the date of delivery of the copy of the complaint of this case, the damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings.
The Plaintiff shall also claim damages for delay calculated by the rate of 6% per annum as prescribed by the Commercial Act from February 16, 2013 to December 21, 2015, the delivery date of a copy of the complaint of this case, from February 16, 2013 to December 21, 20
According to the evidence No. 5, the defendant's delayed liability for the payment of the deposit of this case shall accrue from the time when the transaction partner claims the payment after the maturity date.
(Article 12(2) of the Terms and Conditions. Thus, the damages for delay on the deposit of this case shall be deemed to accrue from the day after the date on which the plaintiff explicitly claims the defendant to pay the deposit of this case after the due date.
According to the statement No. 3-1 through No. 7 of the evidence No. 3-7, the plaintiff is recognized to have filed a civil petition against the defendant on March 12, 2015 on which the deposit of this case was not paid.