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(영문) 대구지방법원 2016.11.08 2015가단121482

부당이득금

Text

1. The Defendant’s KRW 21,454,861 as well as the Plaintiff’s annual rate of KRW 5% from October 15, 2015 to November 8, 2016.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into an agreement with the Defendant on the borrowed money and continued to pay the interest in excess of the interest under the Interest Limitation Act as follows. The interest agreement in excess of the Interest Limitation Act is null and void, and thus the interest should be appropriated for the principal. However, if the Plaintiff appropriated the money paid to the Defendant in the order of interest, interest, and principal, and the Plaintiff pays the money in excess of the principal and interest on the borrowed money, and as such, the excess amount should be returned to the Plaintiff as unjust enrichment.

(1) On October 14, 201, an agreement was reached to have borrowed KRW 7 million as a loan and to pay interest of KRW 11% per month. < Amended by Presidential Decree No. 2328, Oct. 17, 2011; Presidential Decree No. 2380, Nov. 30, 2011; Presidential Decree No. 23260, Nov. 30, 201; Presidential Decree No. 23075, Nov. 30, 2011; Presidential Decree No. 2447, Dec. 26, 2011; Presidential Decree No. 2507, Nov. 30, 2011; Presidential Decree No. 2500, Nov. 14, 2011; Presidential Decree No. 23260, Nov. 30, 200; Presidential Decree No. 2300, Dec. 16, 2011>

B. The defendant's assertion is between the plaintiff and the defendant.

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