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1. As to KRW 48,800,000 among the main claims of the instant lawsuit and KRW 20,000 among them, March 25, 2020.
Reasons
1. Summary of the plaintiff's assertion
A. The primary argument is that the Plaintiff, from October 5, 201 to July 28, 201, lent to the Defendant a sum of KRW 40,000,000 over six times each month as interest rate of KRW 2%. As such, the Plaintiff sought payment of KRW 40,00,000 of the above loan and the remainder of the loan interest calculated by deducting the interest and the leased principal repaid from the Defendant’s side until March 24, 2020 from the agreed party who incurred until March 24, 2020.
(B) The details of self-taxation shall be the same as the contents of the loan claimed by the plaintiff in the appellate court.
Even if a person who borrowed KRW 10,00,000 on October 5, 2010 and KRW 10,000,000 on June 30, 201, as the Defendant’s assertion, is not the Defendant but C, the Defendant is obligated to pay the Plaintiff damages or unjust enrichment for the Plaintiff’s tort prevention as follows.
(1) Since C aids and abets the Plaintiff to acquire the above KRW 20,000,00 from the Plaintiff, the Defendant is also a joint tortfeasor with C, and as such, the Defendant is obligated to compensate for KRW 20,000,000 for the damages suffered by the Plaintiff due to the above tort.
(2) Even if the above tort liability is not acknowledged, C deposited KRW 21,356,520 as follows under the name of the Defendant to repay the principal and interest of the above KRW 20,000,000 to the Plaintiff. Since the Defendant did not pay the above money to the Plaintiff against C’s will and is making unjust enrichment, the Defendant, who is a malicious beneficiary, is obligated to return KRW 20,000 to the Plaintiff as unjust enrichment.
2. The judgment of ex officio as to whether the part of the plaintiff's primary claim against KRW 48,800,000 and KRW 20,000 among the above claims is legitimate from the day after the delivery date of the copy of the claim as of March 25, 2020 to the day of complete payment.
A. The process of the instant lawsuit, which is apparent in the record, is as follows.