1. The Plaintiff’s obligation to return a loan under a monetary loan agreement from July 6, 2015 to the Defendant is 143,384.

As from July 6, 2015, the Plaintiff borrowed and repaid the money from the Defendant, and paid it in excess of the leased principal and interest by paying it in excess of the maximum interest rate under the Interest Limitation Act, the Plaintiff asserts that the Defendant should seek confirmation that there is no liability under the monetary loan contract against the Defendant, and that the amount overpaid by the Defendant should be returned in unjust enrichment.

In light of the facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 through 5 (including branch numbers if there are branch numbers), and the purport of the whole pleadings, the plaintiff is acknowledged to have borrowed money from the defendant from July 6, 2015 to have paid the money indicated in the column for the amount of debt appropriation in the annexed sheet, and the amount of money indicated in the column for the amount of debt appropriation in the annexed sheet.

As to the assertion that the Defendant’s payment to the Plaintiff to the Plaintiff, C, D, and E account is both loans, the Plaintiff does not clearly dispute this. As such, the amount paid through the above account is recognized as loans to the Plaintiff.

The Plaintiff’s claim of this case, which is the highest interest rate under the Interest Limitation Act at the time of the above repayment, is a claim for restitution of unjust enrichment against the amount repaid exceeding the highest interest rate under the Interest Limitation Act. The Plaintiff is a person who has an interest agreement exceeding 25% per annum under the Interest Limitation Act at the time of borrowing the money from the Defendant.

In accordance with Articles 477 and 479 of the Civil Act, if a statutory appropriation for performance is made within the scope of the payment, the principal of the loan remaining as of December 15, 2018, which is the date of the final payment, as stated in the attached Table of Appropriation for Performance, shall be calculated as KRW 140,395,484, and the interest amount shall be calculated as KRW 2,989,161.

Therefore, the Plaintiff is obligated to pay the Defendant the remaining principal and interest of KRW 143,384,645 (=140,395,484 won 2,989,161) and damages for delay calculated at the rate of 25% per annum from December 16, 2018 to the date of full payment, which is the day following the date of final payment.