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1. Defendant B shall pay 180,000,000 won to the Plaintiff and 12% per annum from June 26, 2019 to the date of full payment.
Reasons
1. Facts of recognition;
A. From February 25, 2011 to February 22, 2016, the Plaintiff has made a monetary transaction with Defendant B to repeat payment of deposits (hereinafter “instant capital transaction”).
Accordingly, the amount paid by Defendant B to the Plaintiff is KRW 4,141,190,00, and the amount paid by the Plaintiff to Defendant B is KRW 5,350,910,000, and the difference is KRW 1,209,720,00.
B. The Plaintiff filed a lawsuit against the Defendant B seeking the return of unjust enrichment under the Mayang District Court Decision 2016Ga71204, which was rendered on July 14, 2017, the Defendant B, who received money exceeding the sum of the interest and principal calculated at the normal interest rate of the Plaintiff’s payment, was not an investment alleged by the Defendant B but a loan to the Plaintiff, and the money deposited by the Plaintiff to the Defendant B, is considered to be the repayment of the principal and interest of the loan. The amount paid by the Plaintiff to the Defendant B in excess of the principal and interest calculated at the interest rate of the Interest Limitation Act due to the payment of deposit in the same form as the instant capital transaction, is deemed to be KRW 1,093,780,760, as the Defendant B was the one of the parties. Thus, the Defendant B, who received money from the Plaintiff in excess of the aggregate of the interest and principal calculated at the interest rate of the Plaintiff’s normal interest rate, barring any special circumstance, was obligated to pay the Plaintiff damages for delay.
C. In addition to the instant capital transaction, the Plaintiff paid the sum of KRW 180 million, including KRW 30 million on February 2, 2015, February 17, 2015, February 25, 2015, and February 25, 2015, KRW 40 million on March 13, 2015, KRW 17,000,000 on March 17, 2015, KRW 30 million on March 27, 2015, and KRW 180 million on March 31, 2015 (hereinafter “instant remittance”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 4.