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1. The Defendant’s KRW 29,495,354 as well as the Plaintiff’s annual rate from April 2, 2015 to May 25, 2016.
Reasons
1. The fact that the defendant extended loans to the plaintiff several times from March 2007 at the interest rate of 10%, and the fact that the plaintiff paid to the defendant the amount stated in the "payment" column as of each of the date stated in the "date of repayment" column of the annexed table for satisfaction of obligation to the plaintiff, is not disputed between the parties, or there is no counter-proof in relation to Gap evidence 2, evidence No. 3, evidence No. 9-1 to 3, evidence No. 11, evidence No. 17, evidence No. 1, evidence No. 1, evidence No. 5 to 8, and evidence No. 12 to 16.
2. The parties' assertion
A. The Plaintiff asserts as follows as the cause of the instant claim.
(1) The Plaintiff borrowed only the amount actually paid after deducting interest from each of the amount stated in the “loan” column on each date as stated in the separate sheet Nos. 1, 8, 21, 27, 31, 35, 46, 50, 60, 60, 73, 75, and 106 from the Defendant.
(2) In other words, the actual amount of loan is KRW 27 million in the case of Nos. 1 and 8 in the attached Table 1 and 50, KRW 26.7 million in the case of No. 50, KRW 9.55 million in the case of No. 75, and KRW 4.5 million in the case of No. 106 in the case of No. 21, 27, 31, 35, 46, and 73 in the case of No. 21, 27, 31, 35, 46, 60, and 73 in the attached table of satisfaction of payment, each of the amounts stated in the “loan” column in the attached table of satisfaction
(3) Nevertheless, by the Plaintiff’s repayment as above to the Defendant, the Plaintiff paid the interest amount exceeding the interest rate applied to the highest interest rate under the Interest Limitation Act. Accordingly, the Defendant benefits the Defendant without any legal ground by paying the principal in excess of KRW 45,719,266 until September 10, 2010, even if the principal was fully repaid.
(4) Therefore, the Defendant claimed the Plaintiff’s unlawful gains amounting to KRW 45,719,266 and the claim of this case from September 11, 2010, which is the day following the last payment date of the above repayment.