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1. The Defendant’s KRW 432,454,897 as well as 5% per annum from April 12, 2018 to October 12, 2018 as to the Plaintiff.
Reasons
1. From September 4, 2014 to December 30, 2014, the Plaintiff received from the Defendant the transfer of KRW 1.58 billion as indicated below to use as construction cost for the construction cost for the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Gun of Yong-Nam-Gun. Accordingly, the Plaintiff’s representative director D prepared to the Defendant
The amount indicated on the date of drawing up the loan certificate and the date of remittance (won) deposited by the Defendant on September 4, 2014, including the 350,000,000,0000,250,000,000,000 on October 8, 2014, 350,000,000, 350,000,000,000, 350,000,00,000, 350,00,00,00,00, 250,000, 26,000,00,000, 26,000,000, 250, 200, 10,0000, 10,0000, 10,0000, 10, 208, 207, 2008, 2010, 2000
2. The parties' assertion
A. The Plaintiff’s assertion received a remittance of KRW 1.58 billion from the Defendant, but upon the Defendant’s request, the Plaintiff drafted a total of KRW 1.7 billion loan certificate to the Defendant. On April 23, 2015, the Plaintiff fully repaid the Defendant’s total of KRW 1,66,134,80.
Nevertheless, the Defendant demanded additional repayment to the Plaintiff, and the Plaintiff paid additional KRW 538,089,90 to the Defendant, so the Defendant is obligated to return the said KRW 538,089,90 to the Plaintiff as unjust enrichment.
Even if the principal and interest were remaining at the time of the above additional repayment, the defendant is obligated to lend the money to the plaintiff and to return the money received in excess of the maximum interest rate under the Interest Limitation Act as unjust enrichment.
B. Defendant’s assertion (1) The Defendant gave a loan of KRW 1.6 billion to the Plaintiff in cash, and after having decided to settle the existing debt of KRW 1.7 billion with a loan, the Defendant received a certificate of loan of KRW 1.7 billion from the Plaintiff. Thus, the Defendant’s loan shall be deemed KRW 1.7 billion.