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(영문) 부산지방법원 동부지원 2018.11.28 2018가단6817
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,013,768 and the interest rate of KRW 15% per annum from July 28, 2018 to the day of complete payment.

Reasons

1. Indication of claim;

A. The Defendant respectively lent KRW 6.5 million to the Plaintiff, around October 1, 2017, KRW 18.5 million around December 11, 2017, KRW 1.85 million around January 1, 2017, KRW 18 million on October 1, 2018, KRW 11,950,000 on January 25, 2018.

B. The Plaintiff paid KRW 13,280,000 to the Defendant for the principal and interest payment of the loan from October 16, 2017 to March 23, 2018.

C. The above KRW 13,280,000 paid to the Defendant was paid in excess of KRW 1,013,768 if the Plaintiff appropriated the interest on the said loan (25% per annum under the Interest Limitation Act) and the principal.

Therefore, the Defendant is obligated to pay to the Plaintiff 1,013,768 won with compensation for delay calculated at the rate of 15% per annum from July 28, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

2. Judgment without any applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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