(영문) 서울중앙지방법원 2019.01.30 2017가단5067137

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(영문) 서울중앙지방법원 2019.01.30 2017가단5067137

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 10, 2009, the Plaintiff and the Defendant concluded a loan for consumption with the purport that the Defendant shall lend KRW 250,000,000 to the Plaintiff, but the repayment date shall be March 10, 2010 and the interest shall be 36% per annum, and the interest shall be paid at 36% per annum.

(hereinafter “instant contract”). On March 11, 2009, the Defendant remitted the Plaintiff KRW 240,000,000,000, which is the remainder after deducting KRW 10,000 from the loan amount of KRW 250,000,000 from the loan amount of KRW 250,000,000.

(A) The defendant asserts that there was no difference between 10,000,000 won and 10,000 won were separately paid out of the loan. However, the above argument is not accepted on the sole basis of the statement in the evidence No. 2-1 and No. 2, and there is no other evidence to acknowledge it.

In accordance with the instant contract, the Plaintiff began to delay the payment of interest from November 2012 while paying interest to the Defendant around the tenth day of each month pursuant to the instant contract.

When the overdue interest rate was 22,50,000 won (i.e., interest rate of 3% per month 7,500,000 won x three months x three months), the Plaintiff and the Defendant agreed to change the loan amount of 272,50,000 won (interest rate of 22,500,000 won previous loan interest rate of 22,50,000), the repayment date of January 10, 2014, and interest rate of 24% per annum (deposit on January 10, 201). If the Plaintiff fails to perform its monetary obligation, the Plaintiff and the Defendant drafted a money consumer loan agreement that recognizes compulsory execution (hereinafter “notarial deed of this case”).

C. Meanwhile, the Plaintiff paid KRW 31,00,000 to the Defendant on April 10, 2009, as well as the Plaintiff paid KRW 5,000,000 from around that time to March 19, 2013, the term “amount of repayment” in the attached Table of the statement on the satisfaction of payment to the Defendant was paid KRW 331,00,000 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The principal of the loan under the contract of this case, which is the gist of the plaintiff's assertion.

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