1. The Defendant’s KRW 38,00,000 as well as 20% per annum from May 23, 2015 to September 30, 2015 to the Plaintiff.

In full view of the purport of the argument in Gap evidence No. 1 (including the provisional number), the plaintiff set the defendant as 1.5% per month interest on January 9, 2012, and set the interest rate of KRW 30 million on March 20, 2014 as 1.5% per month, and set the interest rate of KRW 5 million on June 2, 2014 as 2% per month. The plaintiff received KRW 7 million from the defendant and appropriated the loan to pay the principal amount of KRW 70 million (= KRW 30 million), among the above loan principal amount of KRW 15 million (= KRW 30 million).

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 38 million (i.e., KRW 45 million - KRW 7 million) and damages for delay calculated at a rate of 15% per annum under the former Regulation on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from May 23, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, to the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff.

(1) Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was amended on September 25, 2015, and the rate of damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed to 15% per annum from October 1, 2015, and thus, the Plaintiff’s claim seeking payment of damages for delay in excess thereof is without merit. The Defendant asserted that the Defendant paid interest on the loan, but the Plaintiff did not seek payment of interest on the loan. However, the Defendant’s claim is not separately determined (the Plaintiff claimed only the principal of the loan and the damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Legal Proceedings). The Defendant asserted that the Plaintiff paid additional amount of KRW 3.5 million, in addition to the amount of KRW 7 million which the Plaintiff was the applicant in the reference document submitted after the closing of the argument in