1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from April 20, 2016 to the day of complete payment.

In full view of the facts without dispute between the parties and the purport of the entire argument as to Gap evidence No. 1, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 2016 to the date of full payment, as requested by the plaintiff, since the defendant borrowed KRW 40 million from the plaintiff on November 11, 200 after the due date for repayment, barring special circumstances.

As to this, the defendant first asserted that he was invested in KRW 26 million from the plaintiff, and that he was prepared with Gap evidence No. 1 for the purpose of showing to the plaintiff's children, but there is no evidence to acknowledge it. Thus, the defendant's above assertion is without merit.

Next, the Defendant asserted that the Plaintiff paid KRW 17.530,00 to the Plaintiff, and that the Plaintiff received KRW 17.533,00 from the Plaintiff, separate from the instant loan, the Plaintiff paid KRW 17.530,000 as the name of repayment of the card use fee or the interest of the instant loan, etc., and did not

Therefore, according to the facts that there is no dispute between the parties and Eul evidence No. 1, the defendant paid a sum of KRW 17,530,000 to the plaintiff several times between June 22, 2001 and February 15, 2015, but there is no evidence to acknowledge that the above money was paid for the repayment of the borrowed principal. Thus, the defendant's assertion is without merit.

3. The plaintiff's claim is accepted on the ground of the reasoning.