1. The defendant shall be the plaintiff.

A. The Defendant’s 1,974,975 Won, to the extent of the property inherited from the decedent C.

1. The Defendant’s judgment on the defense of this safety asserts that the legal relationship based on the lease made by the Plaintiff and the Defendant on May 26, 2014 between the Plaintiff and the Defendant is unlawful in violation of res judicata, and thus, comprehensively taking account of the overall purport of the pleadings in each of the written evidence Nos. 1 through 3, the Seoul Western District Court 2018 Ghana and the Seoul Western District Court 2018 filed against the Plaintiff on July 18, 2018 and paid a sum of KRW 10 million to the Defendant on March 31, 2018 and KRW 400,000 until October 31, 2018 and KRW 3 million until December 30, 2018 and KRW 3 million until December 31, 2018, it may be acknowledged that the conciliation was established and confirmed by the Defendant on the basis of the agreed amount as otherwise alleged.

The res judicata of a final and conclusive judgment is included in the text of the judgment, i.e., the conclusion of the judgment on the existence of a legal relationship asserted as a subject matter of lawsuit itself, and it does not affect the existence of a legal relationship as the premise stated in the reasoning of the judgment (see Supreme Court Decision 9Da55472 delivered on February 25, 200), and it cannot be deemed that the claim for restitution of unjust enrichment of this case has res judicata effect, and therefore the defendant's defense of this safety cannot be accepted.

2. Judgment on the merits

A. On September 10, 2013, the Plaintiff: (a) borrowed KRW 30,00,000 from the Defendant or C as interest rate of KRW 5% per annum; and (b) paid KRW 37,500,000 to the Defendant or C as the principal and interest rate of KRW 37,50,000 from that time to March 10, 2014; (c) the maximum interest rate under Article 2(1) of the Interest Limitation Act as of September 10, 2013 is KRW 30% per annum; and (d) the interest rate calculated at the rate of KRW 30% per annum by March 10, 2014 is KRW 3,943,056; and (e) the Defendant, as the heir of a contracting party or C, should return KRW 5,506,944, Feb. 25, 2014.