부당이득금 반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The Plaintiff alleged that the Plaintiff borrowed KRW 150 million from the Defendant, and paid KRW 35 million interest thereon, which exceeds 24% per annum, which is the highest interest rate stipulated in the Interest Limitation Act. Therefore, the Plaintiff is obligated to pay the interest paid in excess as shown in the separate sheet.
2. Comprehensively taking account of the purport of the Plaintiff’s evidence No. 2 and the entire pleadings, the Defendant paid KRW 50 million to the Plaintiff on July 22, 2019, July 26, 2019, and August 19, 2019, respectively, and the Plaintiff paid the Defendant KRW 50 million to the Plaintiff.
7.23.5 million won;
7. It is recognized that the payment of KRW 10 million was made on August 26, 2019, August 16, 2019, and August 23, 2019, respectively.
However, the evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant paid the above money to the Plaintiff as a loan, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s above assertion is rejected.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.