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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) about 395,788.
Reasons
The gist of the Plaintiff’s claim against the Plaintiff was from May 27, 2016 to borrow and repay necessary funds from the Defendant while operating the pawned Hall.
However, since the loan repaid by the Plaintiff to the Defendant exceeds 25% per annum, which is the highest interest rate under the Interest Limitation Act at the time, the Plaintiff paid in excess of the loan principal and interest, the Defendant shall return the amount of KRW 504,390,000, which was repaid in excess
Judgment
In the return of unjust enrichment from the payment, the claimant for the return of unjust enrichment shall be liable to prove that the cause of the payment is specified and the cause of the payment is null and void or cancelled, and that the other party to the payment shall not prove that the payment has a legal cause.
(see, e.g., Supreme Court Decision 94Da54283, May 14, 1996; Supreme Court Decision 98Da61593, Apr. 27, 1999; Supreme Court Decision 2008Da41574, Oct. 23, 2008). According to each of subparagraphs 1 through 7, 2008 (see, e.g., Supreme Court Decisions 94Da54283, May 14, 1996; 98Da61593, Oct. 23, 2008). The facts that the Plaintiff and the Defendant traded money several times from May 27, 2016 are recognized, but the evidence submitted by the Plaintiff alone does not specify the amount that the Plaintiff borrowed or repaid from the Defendant and the Plaintiff exceeded the principal
Therefore, the plaintiff's main claim against the defendant is without merit.
Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 2 through 5, 6-1, 2, and 7 of the judgment on the cause of a counterclaim by the defendant, the plaintiff and the defendant have repeatedly and repeatedly paid the loan and the repayment of the principal that the defendant lent to the plaintiff on November 6, 2017, and the plaintiff settled the principal that the plaintiff lent to the plaintiff at KRW 200,000,000 on the last day of each month from November 2017 to October 2018, the sum of KRW 120,000,000 as principal and the last day of each month from November 2018, and the remainder on the last day of November 2018.