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(영문) 서울중앙지방법원 2017.09.28 2016가합562958
부당이득금
Text

1. The Defendant’s KRW 384,835,683 as well as 5% per annum from March 1, 2012 to December 13, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From June 30, 201 to June 4, 2012, the Plaintiff borrowed and repaid the money as indicated in the following table from C, and the agreed rate exceeds 30% per annum, which is the maximum interest rate under contract as stipulated in Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 201), and when calculating interest at the rate of 30% per annum pursuant to Article 479(1) of the Civil Act, each repayment amount shall be appropriated in the order of repayment in the following table, “interest”, “principal”, and the remainder shall be the same as the amount stated in “interest balance” and “interest balance”.

(단위 : 원, 원 미만 올림) 일시 대여액 변제액 이자 원금 이자 잔액 원금 잔액 2011-06-30 45,000,000 45,000,000 2011-07-29 5,000,000 1,072,603 45,000,000 0 41,072,603 2011-09-06 27,000,000 1,316,574 41,072,603 1,316,574 68,072,603 2011-09-30 5,000,000 2,659,376 68,072,603 0 65,731,979 2011-10-04 30,000,000 216,105 65,731,979 0 35,948,084 2011-10-06 100,000,000 59,093 35,948,084 59,093 135,948,084 2011-10-17 10,000,000 1,288,212 135,948,084 0 127,236,296 2011-10-26 10,000,000 941,200 127,236,296 0 118,177,496 2011-10-28 300,000,000 194,264 118,177,496 194,264 418,177,496 2011-10-31 5,000,000 1,225,387 418,177,496 0 414,402,883 2011-11-14 30,000,000 4,768,472 414,402,883 0 389,171,355 2011-11-18 27,000,000 1,279,467 389,171,355 0 363,450,822 2011-11-21 3,000,000 896,180 363,450,822 0 361,347,002 2012-02-16 200,000,000 25,838,786 361,347,002 0 187,185,788 2012-02-29 200,000,000 2,000,067 187,185,788 0 -10,814,145 2012-06-04 30,000,000 -10,814,145 -40,814,145

B. However, on October 6, 201, KRW 50 million out of the amount borrowed as stated in the preceding paragraph against C, as of October 6, 201, and KRW 300 million on October 28, 201, among the amount borrowed as of October 6, 201, the Plaintiff borrowed from C as the principal obligor at the Defendant’s request, and the Defendant as the joint and several surety (hereinafter “instant loan”), and the Plaintiff paid all the amount borrowed to the Defendant.

[Reasons for Recognition]

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