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1. As to the Plaintiff KRW 76,00,000 and KRW 6,000 among them, the Defendant shall pay to the Plaintiff KRW 76,00,000 from December 25, 201, and KRW 24,50,000.
Reasons
1. Basic facts
A. The plaintiff is a merchant who sells clothes in the trade name of "E" with wife D in Busan Jung-gu, Busan, and the defendant is a merchant who conducts the clothing manufacturing business with the trade name of "H" with Dong-gu, Busan as well as Dong-gu, Busan as Dong-gu.
B. From 2011 to 201, the Plaintiff’s transaction between the Defendant and the Plaintiff may be deemed a transaction between the Plaintiff’s wife D and the Defendant, provided that the transaction between the Plaintiff and the Defendant, such as clothes processing, cash loan, and securities lending and discount, may be deemed a transaction between the Plaintiff’s wife and the Defendant. However, the Defendant considers the counterparty of the transaction as the Plaintiff’s husband and wife (the Plaintiff and D), and there is no objection as to the Plaintiff’s becoming the subject of the claim for return of unjust enrichment arising from the transaction. Accordingly, the Plaintiff and D shall be deemed as the same subject for convenience. The transaction at issue in this case was determined as follows.
1) On September 201, the Plaintiff: (a) delivered to the Defendant a promissory note discount number I; (b) KRW 50,000,000 at face value; and (c) KRW 45,50,000 at face value (40,000 at face value (4,50,000) at a discount rate of KRW 3% per month for three months until the date of payment; (d) the Plaintiff requested the Defendant to pay the bill at a discount; and (e) the Defendant was paid at a discount rate of KRW 45,50,000,00 at a rate of KRW 50,000 at face value (4,50,000 at face value).
B) On or before March 2012, the Plaintiff: (a) the Defendant’s bill number J, face value 25,000,000; (b) L representing the issuer K; and (c) a promissory note as of April 25, 2012 (hereinafter “instant second bill”).
(2) At the time of the issuance of the bill, at the discount rate of KRW 24,500,000, a monthly interest of KRW 25,000 per annum (50,000) was deducted from the face value of KRW 25,000 to the date of the payment, and the Defendant requested the discount. The Plaintiff was paid at the discount rate of KRW 24,50,000 on the date of the payment of the bill of this case.