1. The Defendant’s KRW 50,130,000 and the Plaintiff’s annual rate of KRW 15% from February 8, 2019 to May 31, 2019.

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff leased KRW 50,130,000 to the Defendant, who was the denied prior to the divorce, on seven occasions from December 9, 2015 to August 31, 2016, without fixing the interest and the due date, and thus, the Defendant is liable to pay the Plaintiff the loan amount of KRW 50,130,000 and the delay damages.

B. The Defendant’s assertion was merely borrowed KRW 10,00,000 from the Plaintiff on August 31, 2016, and KRW 40,130,000, which was paid six times prior to that, was paid to the Defendant as a child support for the children that the Defendant raises, and did not borrow KRW 40,130,000 from the Plaintiff.

2. In light of the following facts and circumstances, it is reasonable to view that the Defendant borrowed KRW 50,130,00 from the time around December 9, 2015 to the time following the delivery date of the original copy of the instant payment order, and KRW 50,130,00 from February 8, 2019 to May 31, 2019 to the time following the day following the delivery date of the original copy of the instant payment order, and the Defendant is obligated to pay the Plaintiff damages for delay at the rate of KRW 15% per annum from the day following the day after the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. to May 31, 2019 to the day of full payment, etc.

(The statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was changed to 12% per annum as the provisions based on the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended from June 1, 2019, and thus, the statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was changed to 12% per annum from June 1, 2019 to the date of full payment.

The Plaintiff transferred KRW 50,130,000 to the Defendant on seven occasions as follows.

On December 9, 2015, the remittance amount No. 5,000,000 on the date and time of remittance 5,000,000 shall be January 20, 2016 8,000.