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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion asserts that the defendant is obligated to pay 8,000,000 won and delay damages to the plaintiff for the following reasons. A.
On November 2002, the Plaintiff borrowed KRW 9,00,000 from the Defendant, and paid KRW 19,00,000 to the Defendant as the repayment of the above borrowed amount.
B. As above, KRW 9,00,000 out of KRW 19,000 that the Plaintiff paid to the Defendant constitutes the principal of the loan, and KRW 10,000,000 (=interest KRW 2,000,000 additionally demanded by the Defendant) constitutes the interest corresponding thereto. The Defendant threatened the Plaintiff by exercising violence during repayment from the Plaintiff.
C. On October 20, 2005, the Defendant committed sexual harassment against the Plaintiff.
Therefore, as above, the Plaintiff’s total amount of KRW 12,00,000 plus KRW 2,000,000 paid as interest shall be returned from the Defendant at least the amount claimed by the Defendant.
2. The Plaintiff’s aforementioned assertion is that the Defendant is obliged to return unjust enrichment by paying more than the amount that the Plaintiff owes to the Defendant.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize the Plaintiff’s allegation and there is no other evidence to acknowledge it.
Rather, according to the statement in Eul evidence No. 2, the plaintiff filed a criminal complaint against the defendant with the purport that "the defendant received KRW 15,895,000 in the settlement of the loan amount to the plaintiff around July 2005, even though the principal and interest were to be KRW 11,00,000, and acquired KRW 4,895,000 in such balance." As to this, the defendant only lent KRW 7,00,000 to the plaintiff several times from around July 2005 to July 2005 by the investigative agency, and around July 2005, the defendant received KRW 9,000,000 as interest and interest from the plaintiff C, the plaintiff's rejection, and received KRW 4,895,000 in such balance.