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1. The Plaintiff (Counterclaim Defendant) paid KRW 4,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from December 6, 2015 to October 12, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The parties' assertion
A. The Plaintiff, from around February 2009 to February 2016, borrowed KRW 86,97,00 from the Defendant and repaid KRW 146,891,80 in the name of the Plaintiff or her husband C during the same period, and claimed that the amount exceeding KRW 57,349,876 as indicated in the Interest Limitation Act (year 30%) and the result of statutory appropriation of performance exceeds KRW 57,349,876 as indicated in the separate sheet, and filed a claim against the Defendant for the return of unjust enrichment.
B. As to this, the Defendant asserts that the Plaintiff should pay KRW 88,797,700 to the Plaintiff by account transfer, and KRW 54,000,000 in cash, and that there was no unjust enrichment as alleged by the Plaintiff, and rather, the Plaintiff should pay KRW 4,00,000 to the Plaintiff on October 2, 2015, as the Plaintiff additionally lent KRW 4,000 to the Plaintiff.
2. The following facts and circumstances are acknowledged according to each of the statements in Gap evidence 1 to 7, Eul evidence 1 to 14 (including each number), the defendant's personal examination result, and the purport of the whole argument.
① From March 27, 2009 to February 20, 2016, the Plaintiff and the Defendant frequently traded money by setting interest at 2% per month or 3% per month during the period from March 27, 2009 to February 20, and the Plaintiff paid to the Defendant by account transfer as long as the amount borrowed from the Defendant by account transfer was not much much.
② 한편 원고는 피고에게, ㉠ 2013. 4. 23.자 17,000,000원의 차용증(위임장으로 기재되어 있으나 내용은 차용증으로 보인다), ㉡ 2013. 10. 18.자 15,000,000원의 차용증, ㉢ 2014. 8. 3.자 16,000,000원의 약속어음 공정증서, ㉣ 2014. 11. 5.자 6,000,000원의 약속어음 공정증서, ㉤ 2015. 6. 1.자 61,000,000원의 차용증 및 약속어음 공정증서(D도 공동차용인으로 되어 있음), ㉥ 2015. 10. 2.자 4,000,000원(변제기 2015. 12. 5.)의 차용증을 각 작성하여 주었는데, 위 ㉤ 차용증은 원고가...