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(영문) 광주지방법원순천지원 2016.12.08 2015가단1608
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The summary of the instant case is the case seeking a return of unjust enrichment against the Defendant on the ground that the Plaintiff borrowed money from the Defendant and repaid interest exceeding the limited interest rate under the Interest Limitation Act.

2. Presumption of premise;

A. The details of financial transactions 1) The account in the name of the Defendant (Account Number: C; hereinafter “Defendant Account”) from September 3, 2012 to September 16, 2013, which the Defendant remitted to the Plaintiff.

(2) The details of the Plaintiff’s transfer to the Defendant from September 12, 2012 to December 18, 2013, 153,254,000 won in total were transferred from the Plaintiff’s corporate bank account (Account Number: E), the Nong Bank account (Account Number:F), the Han Bank account (Account Number:F), and the National Bank Account (Account Number (Account Number: H): the National Bank Account (Account Number): the sum of KRW 153,254,000 in the Defendant’s future, including the Defendant, as indicated in the following:

Among them, KRW 3 million as of February 28, 2013, KRW 3.24 million as of July 17, 2013, and KRW 2 million as of July 30, 2013 were deposited into the Defendant account in the name of “I”.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

3. The issues of the instant case and the parties’ assertion

A. 1) The Plaintiff asserts that the amount of money deposited in the account from the Defendant is the entire amount of loan. 2) The Defendant asserts that, in addition to the amount of money deposited in the account, the amount of money deposited in the account should be included in the loan amount of KRW 10.7 million in total, including KRW 5 million loaned in cash on December 24, 2012; KRW 3 million lent in cash on April 16, 2013; and KRW 2.7 million deposited in the J on May 2, 2013 at the Plaintiff’s request.

B. (1) The Plaintiff asserts that the full amount of the money transferred from the Plaintiff’s account to the Defendant is the amount to be repaid. (2) The Defendant asserts that: (a) KRW 3 million was deposited in the name of “I”; (b) KRW 3 million on February 28, 2013; (c) KRW 3240,000 on July 17, 2013; and (d) KRW 2 million on July 30, 2013, the Defendant and I.

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