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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 and Eul evidence 1:
The defendant agreed with C to receive interest of 20% or 25% at a intervals of 35 days or 40 days, and thereafter to C from April 16, 2007 to May 27, 2008, lent a total of KRW 1.02 billion from May 25, 2007 to May 21, 2008, and received KRW 1.79 billion in total as the principal and interest of the loan from May 25, 2007 to May 21, 2008.
B. Meanwhile, around June 30, 2008, the Plaintiff lent KRW 297.8 million to C, but was not repaid.
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff: (a) the Defendant lent KRW 1.7 billion to C from April 16, 2007 to May 27, 2008; and (b) paid KRW 1.792.7 billion from May 25, 2007 to May 21, 2008; (c) the Defendant loaned money to C; (d) the Defendant received interest at a rate exceeding 30% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, from May 25, 2007 to May 21, 2008; and (e) the Defendant appropriated the money in excess of KRW 799,386,695 for the repayment of the principal of the loan in accordance with the order of appropriation for performance under the Civil Act; and (e) thus, the Defendant should return the amount equivalent to the Plaintiff’s unjust enrichment to C, which is the amount equivalent to the Plaintiff’s loan owed to C, as a creditor of the loan, to the Plaintiff.
B. Determination 1) The Defendant agreed to receive 20% or 25% interest at intervals of 35 days to 30% or 40 days, which is the highest interest rate stipulated in the Interest Limitation Act, between C and C, and thereafter lent a sum of KRW 1 billion from April 16, 2007 to May 27, 2008 to C, and received KRW 1.79 billion in total from May 25, 2007 to May 21, 2008 from May 21, 2008. However, the Interest Limitation Act provides that the Defendant received KRW 1.79 billion in total as the principal and interest for the loan from May 25, 2007 to May 21, 2008.