1. The Defendant’s KRW 135,698,338 as well as 5% per annum from June 14, 2019 to June 4, 2020 as to the Plaintiff.

1. Occurrence of obligation to return unjust gains;

A. From February 26, 2015 to December 8, 2017, the Plaintiff: (a) determined and lent KRW 967,08,000 per annum 25% of the total amount of each money entered in the general statement and calculation table of unjust enrichment to the Defendant; and (b) received reimbursement of KRW 1,114,794,870 in total from March 23, 2015 to December 8, 2017; or (c) determined and lent KRW 1,114,794,870 in total from March 23, 2015 to December 2017, according to the purport of the evidence No. 1, 2 (including a serial number; hereinafter the same shall apply); and (d) written evidence No. 2 and all pleadings.

B. In cases where an agreement is made on interest with a monetary loan agreement, if the interest rate exceeds the limit permitted by social norms in light of the economic and social conditions as at the time of the occurrence of economic power difference between the parties, the agreement on interest exceeding the permissible limit is null and void as a juristic act whose content is contrary to good morals and other social order, since the lender gains unjust profits by taking advantage of his superior position and the borrower bears an excessive and unfair burden, and thus the lender becomes null and void as it is a juristic act whose content is contrary to good customs and other social order. If the lender has agreed on the interest rate exceeding the limits permitted by social norms and received by the lender, the portion exceeding the legitimate limit of the interest rate shall be returned to the borrower as unjust gains.

(Supreme Court Decision 2013Da63721 Decided March 12, 2015, etc.). Moreover, pursuant to Article 2(4) of the Interest Limitation Act, where an obligor voluntarily pays interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the original, and where the original is extinguished, the obligor may claim the return thereof.

With respect to the instant case, the Interest Limitation Act applied from February 26, 2015 to December 8, 2017.