1. The Defendant: (a) KRW 40,000,000, and 20% per annum from July 15, 2015 to September 30, 2015, respectively, to the Plaintiff.

1. Determination as to the cause of claim

A. According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff may recognize that he lent KRW 40 million to the defendant on August 10, 2007.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff 40 million won with interest calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 15, 2015 to September 30, 2015, the following day after the delivery of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(A) The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment. However, according to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015; and Article 2(2) of the Addenda of the same Act, where the first instance trial is pending in the court at the time of the enforcement of the above amendment and the first instance trial is not concluded, the interest rate of 20% per annum, interest rate of 15% per annum, which is the interest rate under the previous provision until September 30, 2015, and 15 from October 1, 2015, the Plaintiff’s claim for damages for delay exceeds the annual interest rate of 15% from October 1, 2015 to the day of full payment). The Defendant did not state the grounds for this case.

3. Thus, the plaintiff's claim is partially accepted as it is reasonable within the above scope of recognition, and the remainder is dismissed as it is without merit.