부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. On March 18, 2013, the Plaintiff and the Defendant entered into a loan for consumption with the effect that the Plaintiff borrowed KRW 320,000,000 from the Defendant, while attaching the interest of KRW 140,000 on October 30 of the same year to the Defendant and returned KRW 460,000,000 to the Defendant.
B. On March 20, 2013, the Defendant deposited KRW 30,000,000 to the Plaintiff in the name of C, and paid KRW 200,000,000 to D, a creditor of other loans against the Plaintiff, and did not lend to the Plaintiff the remainder of KRW 90,000 (=320,000,000 - KRW 30,000,000 - KRW 200,000).
C. Afterwards, the Defendant considered that the provisional attachment for the Plaintiff’s business site amounting to 200,000,000,260,0000 won for each claim amounting to 20,000 won for two times, should be settled later, and in order to eliminate the above provisional attachment, the Defendant paid 460,000,000 won, which is the sum of each claim amount, and the attorney’s fees related to the above provisional attachment.
The Defendant did not actually lend KRW 90,000,000 out of the total amount of KRW 320,000,000,000 originally agreed to lend to the Plaintiff and received KRW 460,00,000 as the principal and interest of the loan. Therefore, the Defendant is obligated to refund the Plaintiff the interest of KRW 90,00,000 out of the total amount of KRW 460,000,000, and the delay damages therefrom as unjust enrichment.
2. The Plaintiff asserts to the effect that, although the Defendant entered into a contract to borrow KRW 320,000,000 from the Defendant, the Defendant did not actually lend KRW 90,000,000.
However, in full view of the statement No. 4 and the purport of the entire pleadings in the testimony of the witness C, the Defendant agreed to lend KRW 320,000,000 to the Plaintiff on March 18, 2013, and on March 20, 2013, it can be acknowledged that the Defendant loaned the said money to the Plaintiff by means of remitting KRW 320,000,000 with the Plaintiff’s consent.
Therefore, the Defendant did not lend 90,000,000 won out of 320,000,000 won that the Defendant agreed to lend to the Plaintiff.