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Reasons
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(영문) 대구지방법원김천지원 2015.11.12 2014가단4930
부당이득금 반환
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1. The Defendant’s KRW 53,072,258 as well as 5% per annum from October 2, 2015 to November 12, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff borrowed a total of KRW 39,080,000 from the Defendant from April 10, 2001 to September 26, 2003 as interest rate of KRW 2% per month. The Plaintiff paid KRW 134,374,300 to the Defendant as interest and principal from May 10, 201 to July 26, 2012.

Since the Defendant paid the principal and interest of the above borrowed money to the Plaintiff in excess of the principal and interest of the above borrowed money, 72,273,408 won remaining after the payment of the principal and interest by the above borrowed money is obligated to return it to the Plaintiff as unjust enrichment.

B. The Defendant alleged that he borrowed KRW 15 million from D, KRW 15 million from D, KRW 10 million from E, KRW 10 million from E, and KRW 25 million from F in order to lend money to the Plaintiff, who is an elementary school alumni, to the Plaintiff.

The Defendant, as seen above, lent money to the Plaintiff, and transferred KRW 45 million to the Plaintiff’s bank account, which is the Plaintiff’s wife, to the Plaintiff, and received KRW 10 million from D in cash and KRW 10 million from E, and borrowed KRW 20 million in cash from the Plaintiff, and received a loan certificate from the Plaintiff.

Until the end of 2003, the Plaintiff paid 2% interest per month to the bank account in the name of C, D, E, and F with the knowledge that the Defendant borrowed money from a third party and lent the money to the Plaintiff.

The plaintiff has paid only the principal and interest of KRW 50 million among the above loans of KRW 65 million until now, but has not yet paid the remaining principal and KRW 15 million.

2. Determination as to the principal that the Defendant lent to the Plaintiff

A. On April 10, 201, 1201, 7,300,000 A7-12, 200, 2000, based on the date of finding the fact of recognition, the Plaintiff was paid KRW 2,700,00 from the Defendant in cash.

On May 13, 2002, 3, 5,000,000 A7-2 4, 2002. 2,000,000 on May 31, 2002, the Plaintiff, the Plaintiff’s obligee, and KRW 2 million on behalf of the Plaintiff.

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