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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. From September 4, 2014 to December 30, 2014, the Plaintiff received transfer of KRW 1.58 billion as indicated below to the Defendant for use as the construction cost for the construction cost for the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Gun of the Gun of the Republic of Korea, and the Plaintiff’
The amount entered in the loan certificate and the remittance date (won) on September 4, 2014, which was remitted by the defendant on the 350,000,000,0002250,000,000,000 on October 8, 2014, including the 350,000,000,0000,350,0000,000,000, 350,000,000,00 on October 10, 2014, and the total number of 10,000,000,250,000, 250,000, 26,000,000, 250, 200, 2000, 10,0000, 200, 300, 100, 208, 2010, 2010
2. The parties' assertion
A. The Plaintiff asserted that: (a) from September 4, 2014 to December 30, 2014, the Plaintiff borrowed KRW 1.58 billion to the Defendant; and (b) on April 23, 2015, the Plaintiff repaid the Defendant KRW 1,66,134,80, including interest on the said loan.
① The Plaintiff paid KRW 538,089,90 to May 6, 2015 upon the Defendant’s request even if the principal and interest of the said loan were fully repaid, and the Defendant is obligated to return the said KRW 538,089,90 to the Plaintiff as unjust enrichment. Even if the principal and interest of the said loan were remaining at the time of the said additional repayment, the Plaintiff paid the Defendant interest exceeding the maximum interest rate under the Interest Limitation Act on the said loan, and thus, the Defendant is obligated to return the said loan’s principal and interest (applicable interest rate of 25% per annum under the Interest Limitation Act) out of the respective repayment amounts, to the remainder as unjust enrichment.
B. The defendant's assertion that the defendant paid 1.6 billion won to the plaintiff in cash, after making a settlement including 100 million won of the existing debt, the plaintiff's total amount of 1.7 billion won.