2. Judgment with no basis (Articles 208 (3) 1 and 257 of the Civil Procedure Act).

3. Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits on Dismissal Parts provides that when a judgment ordering the performance of all or part of monetary liabilities is rendered, statutory interest rates constituting the basis for calculating the amount of damages resulting from the nonperformance of monetary liabilities shall follow the interest rates prescribed by Presidential Decree within the limit of 40/100 per annum from the day following the day on which the written complaint demanding the performance of the monetary liabilities or a document corresponding

Meanwhile, the main text of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) provides that "the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum;" Article 1 of the Addenda provides that "this Decree shall enter into force on October 1, 2015," and Article 2 (1) of the Addenda provides that "Notwithstanding the amended provisions of this Decree, the case which is pending in the court as at the time this Decree enters into force and for which the first instance argument has been concluded, shall be governed by the previous provisions." Paragraph (2) provides that the statutory interest rate under the previous provisions shall be the rate until September 30, 2015, and the statutory interest rate under the amended provisions of this Decree shall be the date of October 1, 2015.

The instant case constitutes a pending case in this court at the time of the enforcement of the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) and the first instance trial proceedings have not been concluded. As to the statutory interest rate of the portion claiming damages for delay of the instant case, it is the interest rate under the previous provisions until September 30, 2015.