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(영문) 서울중앙지방법원 2017.06.22 2016가단5128479
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is based on the notarial deed No. 8 of 2015, No. 2015.

Reasons

1. Facts of recognition;

A. The Defendant deducted interest accrued on seven occasions in total from the Plaintiff, and paid KRW 4.7 million on March 30, 2012, and the same year.

5. 10.47 million won, and the same year.

8.1. 2.85 million won, 4.7 million won in the same year, 10.4.7 million won in the same year, 23.4.7 million won in the same year, 2.2 million won in November 4, 2013, and 4.6 million won in January 15, 2015, respectively.

[B] The amount of loan prior to deduction of prior interest is KRW 30 million (=5 million + KRW 5 million + KRW 3 million + KRW 5 million + KRW 5 million + KRW 5 million + KRW 2 million + KRW 5 million). The loan of this case (hereinafter “the loan of this case”).

From April 1, 2012 to September 2015, the Plaintiff repaid a total of KRW 5,2290,000,000,000 to 100 times as indicated in the separate sheet (amended by Act No. 12227, Jan. 14, 2014) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) with interest calculated at 30% per annum, which is the highest interest rate under the highest interest rate under the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), with respect to the instant loan, the Plaintiff paid the entire principal and interest of the loan as stated in the [Attachment of Performance], and further, the Plaintiff paid the amount exceeding the principal and interest of the loan.

C. Meanwhile, on January 15, 2015, the Plaintiff borrowed KRW 5 million (Advanced interest deduction) from the instant loan, and, even if the Plaintiff appropriated the principal for the total amount of principal in excess of the limit under the former Interest Limitation Act, even if the amount of principal was already repaid at that time, the Plaintiff prepared a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the amount of loan plus KRW 23 million, which was calculated as having been the principal up to that time, as the amount of loan plus KRW 5 million, as the amount of loan plus KRW 18 million,000,000,000, which was calculated as having been the principal at that time, as the amount of loan.

On December 22, 2015, the Plaintiff was against the Defendant.

The Seoul Eastern District Court has filed a claim for return of unjust enrichment against 18,748,736 won paid in excess of the paragraph.

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