1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. Plaintiff (1) was recommended to make investment from Defendant C, who was in early 2004, and was given a loan of KRW 4,625,000 on December 1, 2004 from Defendant, and paid KRW 5 million including interest (per day equivalent to 1%) after 9 days, and on December 23, 2006, the Plaintiff borrowed money from Defendant for a short period of up to 200 times until the last repayment of interest on December 23, 2006, borrowed money from Defendant and repaid the borrowed money with interest of at least 1,000% per annum with a maximum of 1,00% per annum on December 23, 2006, and repeated repayment of the borrowed money to Defendant with interest of at least KRW 2.6 million per annum.

② From December 2004 to December 2006, the Interest Limitation Act had no provision by repeal of the maximum interest rate regulation under the said Act, and the Credit Business Act had a provision on the maximum interest rate of 66% per annum. However, the Defendant obtained a profit equivalent to the interest of high interest exceeding a maximum of 1,00% per annum from the short-term cash lending to the Plaintiff at least 10% per annum. As such, since the Defendant obtained a profit equivalent to the interest of high interest exceeding a maximum of 40% per annum, the amount equivalent to the interest exceeding a maximum of 1,00% per annum from 1980 to the date of the enactment of the Interest Limitation Act shall be deemed as unjust enrichment from the Plaintiff and thus ought to be returned to the Plaintiff.

③ The details of the amount that the Plaintiff borrowed and repaid from the Defendant are identical to the statement of the detailed statement of the loan repayment (attached Form). Since the amount exceeding 40% per annum of the repayment interest from December 1, 2004, which was the first transaction date to December 23, 2006, which was the last repayment date, was totaling KRW 386,268,237, the last repayment date, and the Defendant shall return the amount to the Plaintiff as unjust enrichment. As the last repayment date of interest, the amount of the loan that the Plaintiff was unable to repay to the Defendant was KRW 199,174,795, the amount of the loan was 386,268,237, which was 199,174,795 won, the amount of the loan principal and interest that the Plaintiff was paid by the Defendant would be 187,093,442 won.

④ Therefore, the defendant shall pay to the plaintiff the above KRW 187,093,442 and the above amount.