양수금
1. The plaintiff's preliminary claim against the defendant B, which constitutes the money ordering the payment under the following among the judgment of the first instance.
The reasoning for the court's explanation of this case is as follows. Except as to the plaintiff's conjunctive claim against the defendant B and the claim against the defendant C with respect to the plaintiff's conjunctive claim against the defendant C, the court's reasoning for the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.
The third sentence of the first instance court's decision "3.10..." shall be "5.10...."
The third 19th 19th 1 of the judgment of the court of first instance was sent and arrived at around that time.
The evidence No. 13 of the 7th written judgment of the first instance court shall be deleted, and the "each entry" shall be read as "entry", and the "statement" shall be added to the "statement of the witness of the first instance court and the witness of the J" after addition.
As to the ancillary claim against Defendant B, the Plaintiff sought the return of KRW 140,693,151 to the above Defendant on the ground that D acquired the claim for return of unjust enrichment based on the right of indemnity that D is held against Defendant B due to the following reasons, in addition to the claim for return of unjust enrichment based on the principle of subrogation by the person liable for performance.
Of the loan agreement of this case, the part that the interest exceeding 30% per annum under the Interest Limitation Act is null and void. As of May 30, 2014, the principal and interest applying 30% of the interest rate of KRW 29,306,849 under the Interest Limitation Act, which was collected by Defendant B from Defendant E as of May 30, 2014 (=290,000,000 x 290,000 x 30% x 81 days), the above Defendant is obligated to collect more than 160,693,151 won (i.e., KRW 160,000 - KRW 290,000,000 - KRW 300,000 x 810,000 x 8150,000) and thus, the Defendant is obligated to obtain more than 316,196,000 won by collecting the above interest from the above E.
Defendant B’s above obligation to return unjust enrichment and D’s E.