A. The Plaintiff, as the Plaintiff’s business director and the director of the finance division, was engaged in money transactions with the Defendant from November 30, 2015 through C, who took overall charge of accounting affairs, etc.

B. On July 24, 2018, the Plaintiff confirmed the money transaction with the Defendant during the said period, and prepared a plan for the repayment of loans to the effect that “The Plaintiff plans to repay each of the principal of the loan amounting to KRW 50 million on August 16, 2018 and KRW 50 million on August 31, 2018” (hereinafter “instant repayment plan”) to the Defendant.

C. According to the instant repayment plan, the Plaintiff repaid the Defendant KRW 50 million on August 16, 2018, KRW 20 million on August 31, 2018, KRW 20 million on or around September 10, 2018, KRW 20 million on or around September 26, 2018, KRW 10 million on or around December 26, 2018, and KRW 100 million on or around December 26, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 3, 10 evidence, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted 1) The Plaintiff borrowed a total of KRW 763,000,000 deposited in the Plaintiff’s account from November 30, 2015 to December 26, 2018 from the Defendant, and repaid the Defendant a total of KRW 971,00,000,000. The Plaintiff paid the difference between the borrowed amount and the repaid amount as above (hereinafter “the difference in reimbursement”).

(1) 173,635,397 Won (hereinafter referred to as “excess interest”) in excess of the interest rate applied under or under the Interest Limitation Act.

(2) The Defendant made a more payment to the Defendant. (2) The Defendant made unjust enrichment of KRW 208,00,000 or excess interest of KRW 173,635,397, or by deceiving the Plaintiff together with C, thereby making the Plaintiff repay the above excess amount, thereby making the Plaintiff obtaining the said money.

Therefore, the defendant is liable to pay the plaintiff the difference of 208,00,000 won or excess interest of 173,635,397 won and damages for delay due to unjust enrichment or tort.

B. The Defendant’s assertion that the Plaintiff entered into money transactions with the Defendant.