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1. The Defendant’s KRW 181,165,682 as well as 5% per annum from September 2, 2017 to October 2, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On February 22, 2016, Nonparty C borrowed a total of KRW 706,500,000,000 as of the date of borrowing and the date of borrowing, as stated in the loan column, from among the “statement of monetary transactions and statement of satisfaction of performance” as stated in the attached Table by May 21, 2017, including borrowing KRW 160,00,000 from the Defendant as interest rate of KRW 10,000 from the Defendant on September 1, 2017. On May 2, 2016, Nonparty C paid KRW 10,009,850,000 as of the date of repayment and the date of repayment as stated in the letter of repayment.
B. Meanwhile, C borrowed KRW 80 million from Nonparty D, which was introduced by the Defendant on January 12, 2016, and received KRW 72 million, excluding KRW 80 million with prior interest, from Nonparty D. The Defendant paid KRW 5 million on February 29, 2016 and KRW 30 million on March 16, 2016, respectively. The Defendant did not deliver the said amount to D.
C. On September 5, 2018, C transferred the above claim for restitution of unjust enrichment to the Defendant and notified the Defendant of the above assignment of claim on September 6, 2018, by applying 25% per annum, which is the highest interest rate under the Interest Limitation Act, to the Defendant, more than the total repayment amount borrowed from the Defendant. The above notification reached the Defendant around that time.
【In the absence of dispute on the basis of recognition, Gap 1 through 12(including above numbers), and the result of the response to financial transaction information to the Ulsan Branch of the IBK Bank, the purport of the entire pleadings.
2. According to the above facts, the defendant is obligated to return the sum of KRW 85 million ( KRW 55 million) paid to C as the repayment of the loan to D as unjust enrichment, and the above unjust enrichment is also subject to the Interest Limitation Act, such as the statement of the statement of monetary transactions and appropriation of performance, including KRW 85 million.