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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the defendant extended several loans to the plaintiff as shown in attached Table 1, and the plaintiff paid the remaining money excluding the repayment amount of 25,000,000 won No. 28 of attached Table 2 to the defendant among attached Table 2 as the repayment amount. There is no dispute between each party, or it is recognized in full view of the purport of the whole pleadings in the statement No. 2 of attached Table 1, and there is no counter-proof.
2. Judgment on the ground of the Plaintiff’s claim
A. The parties' assertion (1) The plaintiff asserts as the ground of the claim in this case as follows.
(A) Even though the Plaintiff borrowed only the amount stated in the attached Table 1 attached hereto from the Defendant, the Plaintiff made payment to the Defendant as shown in the attached Table 2.
(B) However, the monthly interest rate of 9% (108% per annum) exceeds the annual interest rate of 66% under Article 8 of the former Act on the Registration of Credit Business and the Protection of Finance Users (amended by Act No. 8700 of Dec. 21, 2007; hereinafter “former Credit Business Act”) and Article 5 of the former Enforcement Decree of the Credit Business Act (amended by Presidential Decree No. 20313 of Oct. 4, 2007). Thus, the annual interest rate of 66% from February 20 to October 19, 204 should be applied pursuant to the above Act and the annual interest rate of 60% from April 26, 2004 shall be applied.
(C) The Plaintiff paid interest exceeding the above interest rate to be applied. Accordingly, the Plaintiff paid 5,747,541 won in excess of the maximum amount until December 31, 2007, thereby benefiting the Defendant without any legal ground.
(D) Therefore, the Defendant is obligated to pay to the Plaintiff the aforementioned unjust enrichment of KRW 55,747,541 as well as damages for delay from January 1, 2008, which is the day following the last payment day of the above repayment.
(2) The defendant asserts as follows.
(A) In addition to the above loan extended to the Plaintiff as the Plaintiff, the Defendant is limited to KRW 10 million on December 15, 2003, and KRW 10 million on May 2004.