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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion by the parties is as follows: (a) KRW 7 million from the Defendant who operated an unregistered credit service company C on February 8, 2015; and (b) the same year.
3. On July 6, 2015, the Defendant borrowed KRW 70 million (hereinafter collectively referred to as the “instant loan”), and repaid KRW 126.6 million to the Defendant on July 6, 2015, and the Defendant paid KRW 43,611,645 ( KRW 12.66 million - KRW 82,98,355) paid in excess of 25% per annum under the Interest Limitation Act at the time, which is the highest interest rate under the Interest Limitation Act, was unjustly unjust enrichment without any legal ground, and thus, the said unjust enrichment and delay damages therefrom are sought.
As to this, the defendant is D in fact operated by C. The defendant is only an employee, and D is not only the plaintiff, but also the actual operator of the plaintiff, and D not only the loan of this case claimed by the plaintiff, but also the 20,670,000 won on February 11, 2014, and the same year.
9. 15. 30 million won and 30 million won on October 1, 201 of the same year were lent to the Plaintiff, and the Plaintiff’s name was paid KRW 126 million on July 6, 2015 with the repayment of each of the above loans.
2. Determination:
A. The facts of recognition were: (a) the amount of KRW 7 million was remitted from the Defendant’s account under the name of the Plaintiff to the Plaintiff’s account on February 8, 2015; (b) the amount of KRW 960,000,000 was transferred to the Plaintiff; (c) the amount of KRW 174,000,000 from the Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s branch branch branch branch’s H voluntarily auction case; (d) the cash storage certificate (hereinafter “instant cash storage certificate”); (e) on February 10, 2015, regarding the instant land owned by the Plaintiff, the establishment registration of the mortgage was completed prior to the obligor, the mortgagee, the Defendant, the maximum debt amount of KRW 22,00,000,000 was remitted from the Plaintiff’s account under the Plaintiff’s name of the representative director first to the Plaintiff’s account; and (e) the amount was transferred from the Plaintiff’s account to the Plaintiff’s representative director’s account on February 3, 14, 20015,14.