부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 29, 2014, the Plaintiff entered into a credit transaction agreement with the Defendant on the loans for general corporate facilities, the amount of credit (limit) to KRW 900 million, the expiration date of the term of the credit, which is 3.06% of the new amount to be handled (COFIX base rate) and the repayment method by installment redemption for three years with a six-month grace period.
The Plaintiff received a loan of KRW 900 million in accordance with the above agreement and paid interest and principal, and the Plaintiff redeemed the entire amount before May 18, 2016, which was before the expiration of the credit period, before the expiration of the credit period, and did not pay the interim redemption fee.
On October 29, 2014, the Plaintiff entered into a credit transaction agreement with the Defendant to repay the repayment method to the full amount on the expiration date of the credit period. On October 29, 2014, the Plaintiff entered into a credit transaction agreement with the Defendant for the loan of general corporate facilities, the credit amount of KRW 4 billion, the expiration date of the credit amount of KRW 4 billion, the new interest rate of KRW 2.208 on October 29, 2017.
On May 18, 2016, the date prior to the expiration date of the credit extension, the Plaintiff received a loan of 4 billion won in accordance with the above agreement.
On May 18, 2016, the Plaintiff paid KRW 28,959,854 to the Defendant with the earlier repayment commission of the loans of KRW 4 billion.
[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 and 2. 2. Determination
A. The Plaintiff alleged that the loan amounting to KRW 900 million was KRW 12,411,143, by the Defendant’s disposal of the loan as credit loans, even though the loan amounting to KRW 12,41,143 was a secured loan secured by the land B in Daegu-gu and its ground
In addition, the above 4 billion won loan was taken over by the plaintiff against the defendant in Yong-Nam, Yong-Nam, a corporation, and the repayment was made after three years of grace period after the loan by Yong-Nam, Yong-Nam, a corporation, there is no obligation to pay the redemption fee.
Nevertheless, the defendant is obliged to return 41,370,997 won in total with interest and early redemption fees received without any reason, as unjust enrichment.
B. Determination on the assertion of interest rate is made.