대여금
1. Of the judgment of the court of first instance, 11,646,721 won against the Defendant-Counterclaim Plaintiff and 4,981,325 won among them.
Any counterclaim filed in the principal lawsuit and the trial court shall also be deemed to be a counterclaim.
1. Basic facts
A. The Plaintiff lent to the Defendant the sum totaling KRW 55 million at an annual interest rate of 24% per annum and the due date of payment without setting forth.
(1) The loan of this case (hereinafter referred to as the "loan of this case") 5 million won on February 31, 2008, 2000 won on October 31, 2007, 2007, 200 million won on October 27, 2007, 300 million won on January 30, 2008, 4) 50 million won on February 11, 2008, 50 million won on February 28, 2008, 60 million won on March 31, 2008, 7 million won on December 31, 2009.
B. The amount repaid by the Defendant to the Plaintiff and the details of its appropriation are as shown in the attached Table.
C. As of September 7, 2014, the instant loan remains in KRW 11,646,721, the sum of the principal amount 4,981,325, and accrued interest 6,665,396.
[Ground] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings
2. According to the above facts finding as to the claim on the principal claim, the Defendant is obligated to pay to the Plaintiff the interest rate of 24% per annum from September 8, 2014 to the date of full payment, as to the principal amount of KRW 11,646,721, and the principal amount of KRW 4,981,325, which is the following day of the Defendant’s final repayment.
(3) The defendant asserted that he borrowed the above money without a interest agreement, but the above argument is without merit as to the counterclaim claim. 3. The defendant's judgment as to the counterclaim claim without a interest agreement from the plaintiff and repaid the total of KRW 113 million from March 14, 2007 to September 7, 2014 as shown in the attached Table. Thus, the plaintiff alleged that he unjust enrichment of KRW 58 million (=13 million to KRW 50 million) corresponding to the difference.
In light of the overall purport of the arguments, the following circumstances, i.e., the Defendant first borrowed money from the following month to December 31, 2009, deposited money equivalent to 2% (24% per annum) of the principal of each month, and the above 10 million won loan date.