beta
(영문) 광주지방법원 2015.07.16 2014가단7396

부당이득금

Text

1. The Defendant: KRW 33,078,920 for the Plaintiff and 5% per annum from February 19, 2014 to July 16, 2015.

Reasons

1. Basic facts

A. On July 14, 2009, the Plaintiff borrowed KRW 6,000,000 from the Defendant, and paid KRW 7,200,000 including interest for 100 days.

B. In addition, the Plaintiff’s 2,500,000 won on July 27, 2009 from the Defendant, and the same year

7. 30.5,000,000 won, and the same year.

7. 31.1,00,000 won, February 16, 2010; and the same year;

9. Around 22.5,00,000 won, KRW 1,750,00 on December 27, 201 of the same year, KRW 3,000,00 on March 24, 2011, KRW 2,000 on April 24, 201 of the same year, KRW 26,050,000 on August 22, 2012, and was transferred to the Plaintiff or the Plaintiff’s her husband’s account, and KRW 26,050,00 on August 2, 2012.

On the other hand, the Plaintiff agreed to pay interest on the above 26,050,000 won to the Defendant from 7% to 9% per month.

C. As to the above borrowed amount, the Plaintiff paid KRW 640,00 in total to the Defendant from July 16, 2009 to July 26, 2009, and KRW 59,113,00 in total from July 29, 2009 to May 31, 2013 (it is clear that the Plaintiff is an error in calculation, although it was the Plaintiff’s payment of KRW 59,736,00 in total). From April 29, 2010 to June 28, 2013, the Plaintiff paid KRW 9,770,00 in cash to the Defendant’s account and paid KRW 69,523,00 in total (the Plaintiff paid KRW 70,146,00 in total, but it is apparent that it is an error in calculation).

【Fact-finding without dispute over the ground for recognition, entry in Gap's evidence 1 through 3 (including additional evidence) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion: (a) the Plaintiff borrowed a total of KRW 32,050,000 from the Defendant; and (b) the Plaintiff paid KRW 6,90,000 to the Defendant from November 24, 2010 to March 1, 201; (c) the Plaintiff paid KRW 77,046,00 in cash; and (d) the Plaintiff paid KRW 34,115,607 out of the total amount paid in excess of the limit under the Interest Limitation Act, and thus constitutes unjust enrichment, the Defendant is obligated to pay the above excess amount and delay damages to the Plaintiff.

B. The defendant's summary of the defendant's assertion

참조조문