1. The plaintiff's claim is dismissed.

2. Litigation costs are borne by the Plaintiff.

1. Basic facts

A. On June 30, 2008, the Plaintiff lent KRW 297.8 million to C on June 30, 2008, but was not repaid at all.

B. From April 16, 2007 to May 27, 2008, the Defendant paid KRW 1.22 billion to C, and received KRW 1.792 billion from May 25, 2007 to May 21, 2008 from C.

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence 1, Eul's evidence 1, and the purport of whole pleading

2. The Plaintiff asserts that the Defendant lent the above KRW 1 billion to C, and that he received interest at a high rate exceeding the maximum interest rate under the Interest Limitation Act, and that he obtained unjust enrichment of KRW 799,386,695. The Plaintiff, as a creditor of the loan to C, sought a return of the amount equivalent to the Plaintiff’s loan out of the above unjust enrichment by subrogation of C.

According to the facts that the defendant is the person and Eul evidence No. 1, some of the funds that the defendant paid to C is a loan, and the defendant can recognize that he received interest exceeding the maximum interest rate under the Interest Limitation Act. Furthermore, it is reasonable to accept the plaintiff's above claim on the ground that there is no additional assertion as to whether the amount equivalent to the interest that the defendant received from C was appropriated to the principal pursuant to Article 2 of the Interest Limitation Act, and the remaining principal exists after it was appropriated to the principal pursuant to Article 2 of the Interest Limitation Act.

3. The plaintiff's claim is dismissed.