beta
Text
1. As to the Plaintiff KRW 25,885,501 and KRW 13,207,134 among them, the Defendant shall pay to the Plaintiff KRW 12,678,367.
Reasons
1. Facts of recognition;
A. B borrowed a total of KRW 1,292,450,000 from the Defendant from January 25, 2010 to February 10, 2012, as indicated in the “Transaction Date”, “Loan”, and “Redemption” column in the attached Table 1, and paid interest exceeding 30% of the maximum interest rate under the Interest Limitation Act by repaying KRW 1,49,15,000.
B on October 25, 2012, transferred to the Plaintiff the right to claim the return of unjust enrichment against interest exceeding the Interest Limitation Act out of the amount repaid to the Defendant, and the notification was delivered to the Defendant on October 26, 2012.
On January 15, 2013, the Defendant deposited KRW 130,000,00 as unjust enrichment against B with the Plaintiff as a depositee.
B. C borrowed a total of KRW 71,140,00 in total from the Defendant from October 10 to May 12, 2011, as stated in the “Transaction”, “loans (wons)”, and “Reimbursements (wons)” in the attached Table 2, and repaid a total of KRW 87,586,500, and paid interest exceeding 30% of the maximum interest rate under the Interest Limitation Act.
C around March 2013, the Plaintiff transferred to the Plaintiff the right to claim the return of unjust enrichment against interest exceeding the Interest Limitation Act out of the amount repaid to the Defendant, and the notification was delivered to the Defendant around November 8, 2013.
C. On October 1, 2013, the Defendant was convicted on October 1, 2013 of the facts constituting a crime that the Defendant, without registering with the competent authority, lent the above money to B, C, etc. and engaged in credit business.
(hereinafter referred to as "relevant criminal case"). [The grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 3, 6, 7, 8, 9, Eul evidence Nos. 2, 3, 5, and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.
2. Determination on the cause of the claim
A. Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter “Interest Limitation Act”) and Article 2(1) of the former Interest Limitation Act concerning the maximum interest rate under Article 2(1) of the former Interest Limitation Act.