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Reasons
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(영문) 부산지방법원 2018.11.01 2017가단336348
부당이득금
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1. As to the Plaintiff KRW 27,209,248 and KRW 17,209,248 among them, the Defendant shall pay to the Plaintiff KRW 10,00,000 from May 22, 2015.

Reasons

1. Basic facts

(1) On April 15, 2013, the Plaintiff borrowed KRW 30,000,000 from the Defendant with interest rate of KRW 3% per month without setting the due date (hereinafter “the borrowed amount as of April 15, 2013”). On the same day, the Plaintiff paid KRW 900,000 as interest per month for the borrowed amount.

(A) Although the Plaintiff asserted that the agreement was made for two months on the date of the above borrowing, it is difficult to believe that the Defendant received interest for two months prior to the date of borrowing from the Plaintiff on March 2013, 2013, and in light of the witness C’s testimony, it is reasonable to deem that he/she received KRW 90,000 as agreed upon on April 15, 2013. The Plaintiff borrowed KRW 23,00,000 from the Defendant on September 17, 2013 (hereinafter “the amount borrowed on September 17, 2013”), and on the same day, paid KRW 690,000 as interest rate for the above borrowed amount at 3% per month without fixing the maturity date (hereinafter “the amount borrowed on September 17, 2013”).

Secondly, on October 30, 2013, the Plaintiff borrowed KRW 20,000,00 from the Defendant with interest rate of KRW 3% per month without setting the due date for payment (hereinafter “the borrowed amount as of October 30, 2013,” and each of the above borrowed amounts collectively “each of the instant borrowed amounts”), and received payment from the Defendant 17,40,000, which deducts the commission for the borrowed amount and the sum of KRW 2,60,000 as interest per month.

x. C means: (a) the agreement between the Defendant and the Defendant on the ten-month loan amount from June 15, 2013 to April 14, 2014; (b) the agreement between October 17, 2013 and March 16, 2014, as the agreement between October 17, 2013 and September 17, 2013; and (c) the agreement between October 3, 2050 and October 30, 2013 to March 30, 2014, out of the loan amount as of October 30, 2013 to March 30, 2014.

A. The payment was made.

(v) from April 16, 2014 to February 6, 2015, the Plaintiff repaid the Defendant totaling KRW 32,60,000 as agreed terms.

⑹. 원고는 피고에게 이 사건 각 차용금에 대한 변제로, 2015. 5. 12. 44,800,000원, 2015. 5. 21. 30,000...

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