부당이득금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. On June 20, 201, the Plaintiff, C, D, and the Defendant, the creditor and the mortgagee, the debtor, the joint and several sureties, and the joint and several sureties, as the Plaintiff, and the joint and several sureties, as the joint and several sureties, the loan amount of KRW 40 million, the maximum debt amount of KRW 60 million, the interest on the loan amount of KRW 2.5% per month (3.5% per month when the repayment of interest or loan is delayed), the date of repayment was September 20, 201, and the real estate subject to the right to collateral security was owned by the Plaintiff as the share in the land owned by the Plaintiff (hereinafter “instant contract”). < Amended by Presidential Decree No. 23358, Sep. 20, 2011>
B. On June 21, 201, the following day of the instant contract, the Defendant remitted KRW 33 million to C, and KRW 2 million to D, respectively.
C. On September 17, 201, October 22, 2011, and November 23, 2011; December 21, 2011; and December 21, 2011; and on January 20, 2012; and on April 20, 2012, the Plaintiff paid KRW 1,00,000,000 each to the Defendant, respectively; and additionally paid KRW 2 million on October 23, 2013, respectively. < Amended by Presidential Decree No. 23739, Jul. 6, 2012; Presidential Decree No. 24477, Feb. 22, 2012; Presidential Decree No. 24388, Jan. 30, 2013; Presidential Decree No. 24700, Feb. 7, 2014>
[Ground of recognition] Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 4, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion borrowed the remainder of KRW 33 million after deducting KRW 7 million from the Defendant’s 40 million in advance interest and fees, and thereafter, the Plaintiff paid a total of KRW 73 million to the Defendant.
Meanwhile, the Defendant received KRW 2,640,000,00 (=30,000 + KRW 26,40,000 + KRW 33,000 + KRW 3,000 + KRW 3,000) per annum under the Interest Limitation Act, which was the highest interest rate as at the time of February 7, 2014, from June 21, 2011 to February 7, 2014, when the Plaintiff actually borrowed the said KRW 33,00,00 in total, from the sum of KRW 5,94,00 (=3,00,000 + KRW 3,000 + 3,26,40,00), as above, notwithstanding that the Defendant could not receive KRW 73,00,00 per annum.
Ultimately, the defendant is KRW 13.6 million = KRW 73 million.