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1. The appeal by the counterclaim defendant is dismissed.
2. The costs of appeal shall be borne by the counterclaim Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation on this part of the facts is as follows: (a) except for the case where “as in paragraphs 2 through 16 of the first instance judgment,” the “as in paragraphs 2 and 16 of the 2nd sentence,” the corresponding part of the judgment of the first instance is the same as the corresponding part of the judgment; and (b) thus, this part is cited in accordance with the main sentence of Article 420
2. The assertion of the counterclaim and related Acts and subordinate statutes;
A. The reasoning for the court’s explanation on this part of the relevant statutes is as stated in the part of 3, 14, 5, and 8 of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. With respect to the loan of this case asserted by the counterclaim, repayment was made as stated in the "date of repayment" and "amount of repayment" on the calculation sheet for satisfaction of payment, and in the process, the counterclaim Defendant made a deposit for repayment of approximately KRW 60,000,000 to the counterclaim Defendant on a two-time basis as the counterclaim Defendant proceeds at a voluntary auction. For the following reasons, the counterclaim Defendant is obligated to return the above excess amount to the counterclaim Defendant as unjust enrichment.
① At the time of borrowing the instant loan, the counterclaim Defendant deducted the amount of KRW 3,450,00 (=50 million X 2.3% X3), which should be deducted from the principal of the loan.
② At the time of the borrowing of the instant loan, the Counterclaim Plaintiff paid KRW 4 million to D as the introduction fee. Since D was in fact an agent of the Counterclaim Defendant, the said KRW 4 million should also be deducted from the principal of the loan.
③ The Lessee remitted KRW 1950,000,000 to the account under the name of J, which is the son of D, KRW 700,000,000 on June 14, 2017, KRW 500,000 on June 27, 2017, KRW 350,000 on July 5, 2017, and KRW 40,000 on July 18, 2017, and the instant repayment of the repayment ought to be made inasmuch as the said repayment was made with the repayment of the instant loan.
④ According to this, the Counterclaim Plaintiff.