부당이득금
1. The Defendant’s KRW 24,647,043 as well as the Plaintiff’s annual rate of KRW 5% from December 17, 2014 to April 30, 2015.
1. In full view of the facts indicated in Gap evidence Nos. 1 through 4 (including additional numbers) as to the cause of the claim, and the fact-finding conducted by the Suwon District Court as to the deposit account of Eunpyeong Housing Sitewon in the judgment of this court, the Plaintiff’s assertion from the Defendant on March 1, 2012 as a whole, and the same year.
3. 30.28,000,000 won, and the same year.
8.1. 5,00,000 won, and the same year;
9.1. 10,00,000 won, January 5, 2013, and the same year;
1. 16.4,500,000 won, and the same year;
6.9,000,000 won, and the same year;
3. The fact that each borrowed KRW 20,000,000 on March 28, 2016, and the plaintiff paid the defendant the above borrowed amount in return for the repayment of the above borrowed amount, KRW 10,000,000 on March 28, 2012, and the same year
4. 24.2,00,000 won, and the same year.
5. 27.2,00,000 won, and the same year.
5.21,00,000 won, and the same year;
7. 30.10,000,000 won for the same year.
8.12.5,200,000 won, October 29, 10.29,000 won for the same year, and November 30, 300,000 won for the same year, and January 1, 2013, 10,000 won for the same year;
5.5.50,000 won, and the same year.
2. The repayment of KRW 20,000,000 on August 29, 2014 is recognized respectively.
Since the above loan exceeds 30% per annum, which is the restriction rate under the Interest Limitation Act applicable at the time of the above loan, is null and void, each amount paid by the Defendant to the Plaintiff is deemed to have been repaid in excess of 24,647,043 won to the Defendant as of August 29, 2014, since the Defendant’s payment to the Plaintiff is an annual appropriation rate of 30% per annum within the scope of the above restriction rate, as shown in the attached Table of Appropriation of Performance.
Therefore, the Defendant is obligated to pay to the Plaintiff 24,647,043 won and the amount calculated by applying the rate of 5% per annum under the Civil Act from December 17, 2014, which is the date of service of a copy of the complaint of this case to April 30, 2015, which is the date of the sentencing of this case, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. The plaintiff's claim of this case is justified within the scope of the above recognition.