1. The Defendant: (a) KRW 75 million to the Plaintiff and the Plaintiff’s 20% per annum from January 30, 2015 to September 30, 2015.

1. Basic facts

A. The Plaintiff completed the marriage report with the Defendant on November 9, 2012, and was married as a couple until May 11, 2014.

On June 19, 2014, the Plaintiff filed a lawsuit against the Defendant, including divorce, division of property, and claim for consolation money, with the Seoul Family Court 2014Dhap303129 (principal lawsuit). Around that time, the Defendant filed a lawsuit against the Plaintiff on divorce, claim for consolation money, etc. with the above court 2014Dhap304641 (Counterclaim) and is still pending in the trial of the appellate court.

B. The Plaintiff wired KRW 25 million to the Defendant’s new bank account and one bank account in the name of Dong C, KRW 30 million on September 3, 2013, KRW 30 million on January 27, 2014, KRW 30 million on January 28, 2014, KRW 30 million on January 29, 2014, KRW 125 million on February 11, 2014, and KRW 100 million on February 11, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. In full view of the facts of the judgment as to the cause of the claim and the purport of the entire pleadings as to Gap evidence No. 3, it is recognized that the plaintiff lent KRW 125 million to the defendant without the due date agreement. On the other hand, the plaintiff was returned from the defendant.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 75 million and damages for delay calculated at the rate of 20% per annum from January 30, 2015 to September 30, 2015 pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and 15% per annum from the next day to the day of full payment, which is the day following the day when the Plaintiff demanded performance by the delivery of the instant complaint to the Defendant.

The Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 5% per annum from May 1, 2014 to the delivery date of a duplicate of the instant complaint, and damages for delay calculated at the rate of 20% per annum from October 1, 2015 to 20% per annum. However, there is no evidence to acknowledge that the Defendant had received a claim for performance before May 1, 2014, and the statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is from 20% per annum to 1