부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The Defendant’s portion relating to the amount of loans is KRW 4.7 million on March 30, 2012, and the same year.
5. 10.47 million won, and the same year.
8.1. 2.85 million won, KRW 4.7 million on October 5, 201 of the same year, KRW 4.7 million on October 23, 2013 of the same year, KRW 2.6 million on November 4, 2013, and KRW 4.6 million on January 15, 2015, the Plaintiff paid KRW 300,000 to the Defendant on April 24, 2012, and paid money from that time to September 16, 2015, including where there is no dispute between the parties, or where it is recognized by the overall purport of entry of evidence A and all pleadings.
The Defendant asserts that, in addition to the above-mentioned loans, the Plaintiff further lent KRW 8 million on August 1, 2012, and KRW 23 million on January 15, 2015 to the Plaintiff in cash.
I think about KRW 8 million on August 1, 2012.
Only the descriptions of Eul evidence Nos. 1 and 3 alone are insufficient to recognize that the amount of loan No. 1 (cash storage certificate) was separate money distinct from the loan amount from March 30, 2012 to August 1, 2012 recognized earlier, and there is no other evidence to acknowledge otherwise.
I think about KRW 23 million on January 15, 2015.
The sole descriptions of Eul evidence Nos. 2 and 4 (including paper numbers) are insufficient to recognize that the amount of loan Nos. 2 and 23 million won stated in Eul evidence No. 2 (notarial deed) is a separate money from the loan made up by the notarial deed as earlier, and there is no other evidence to acknowledge this otherwise.
Rather, examining the aforementioned loan details and reimbursement details, the amount of money lent by the Defendant to the Plaintiff by January 15, 2015, which was drafted by the said Notarial Deed, is calculated as the amount prior to deducting interest (= KRW 5 million KRW KRW 5 million KRW KRW 5 million KRW KRW 5 million KRW KRW 5 million), and the amount of money, which the Plaintiff appears to have repaid to the Defendant up to that time, as its principal, is KRW 5 million as of October 10, 2012; and KRW 2 million as of February 7, 2014, is the amount of loan and agreement.