부당이득금
1. The Defendant’s KRW 49,722,671 as well as the Plaintiff’s KRW 15% per annum from May 10, 2019 to May 31, 2019.
1. Basic facts
A. From March 18, 2010 to November 19, 2014, the Plaintiff borrowed KRW 83,917,000 in total on ten occasions from the Defendant (hereinafter “instant loan”) and repaid KRW 148,76,516 in total to the Defendant during the period from April 18, 2010 to October 1, 2018.
B. As above, KRW 64,849,516 (i.e., KRW 148,766,516 - KRW 83,917,00) was paid as interest.
C. The Plaintiff and the Defendant did not prepare documents, such as a loan certificate or receipt, while making monetary transactions as above.
[Reasons for Recognition] Facts without dispute between the parties, the fact that the plaintiff is the plaintiff, the entry of Gap 1-3 evidence (including the paper number), and the purport of the whole pleadings
2. The assertion and judgment
A. 1) A summary of the Plaintiff’s assertion: Of the amount repaid for the instant loan, the portion paid in excess of the maximum interest rate under the Interest Limitation Act is null and void. As such, the Defendant is obligated to return KRW 49,722,671, which remains after being appropriated to the Plaintiff to the principal, with unjust enrichment. (2) The Defendant did not have any interest agreement exceeding 3% per month, and the monthly interest agreement was made on the Plaintiff’s proposal, and thus, the Plaintiff cannot seek the return thereof.
In addition to the details of the passbook transaction, there have been a lot of times in which loans were paid in cash, so the total amount of loans claimed by the Plaintiff is different from the fact.
B. 1) According to the above fact-finding, the instant loan is subject to the Interest Limitation Act on a monetary loan agreement, and the maximum interest rate of 30% per annum is applicable pursuant to Article 2(1) of the same Act and Article 2(1) of the former Regulations on the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) (as regards the Plaintiff borrowed three million won from the Defendant on November 19, 2014, by Presidential Decree No. 25376, Jun. 11, 2014).