청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. 1) Parties, etc. 1) H is F Farming Association Corporation (hereinafter “F”).
)의 대표이사이자 I연구소의 대표자이고, C은 그 남편이다. 2) J은 피고의 사촌 처남댁이다.
B. Compulsory execution 1 against the Plaintiff by the Defendant: (a) from October 6, 2012 to September 30, 2014, the Defendant lent KRW 505,500,000 in total to F, 16 times, as indicated in the “consumpted principal” column in the “consumed principal” column in the attached loan and repayment statement; and (b) the Plaintiff and C jointly and severally guaranteed all or part of the above loan obligations against F, the Defendant. Meanwhile, from February 6, 2013 to November 10, 2014, F, etc. repaid the principal and interest of KRW 360,230,00 in total over 16 times as indicated in the “payment” column in the above loan and repayment statement to F, C, and Plaintiff on December 10, 2014; (c) the Defendant asserted that F, and the Defendant claimed for the payment of KRW 412,000,000 against F, the Plaintiff filed an objection against the said CF’s payment.
(Seoul District Court 2015Gahap469). During the said lawsuit, F borrowed a total of KRW 1.488,947 million from January 15, 2008 to September 30, 2014, and repaid a total of KRW 1.688,517 million to the Defendant from May 14, 2008 to November 10, 2014; if the interest paid in excess of the maximum interest rate under the Interest Limitation Act is appropriated to the principal, the Defendant’s unjust enrichment amount reaches KRW 141,26,180 as of October 10, 2014, and filed a counterclaim against the Defendant seeking payment of the said amount of unjust enrichment.
(Seoul District Court 2015Gahap205462). After the filing of the aforementioned counterclaim, the Defendant lent the sum of KRW 374,000,000 to F from October 6, 2012 to September 30, 2014 at the interest rate of KRW 30 to 48% per annum. The remainder of the loan is KRW 122,872,843 if the amount repaid by F is appropriated for the loan in accordance with the highest interest rate under the Interest Limitation Act.