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1. The Defendant shall pay to the Plaintiff the full amount of KRW 178,203,9, out of KRW 185,030,749 and the said KRW 178,203,949.
Reasons
1. Judgment on the plaintiff's claim
A. From March 7, 2011 to January 21, 2012, the Plaintiff determined a total of KRW 310,770,000 with interest rate of 30% per annum as shown in attached Table 1 to the Defendant (hereinafter “instant loan”). From March 7, 2011 to March 2012, the Plaintiff entrusted the Defendant with the sale of cosmetics equivalent to KRW 58,164,000 (hereinafter “instant cosmetics”) and delivered the above amount to the Defendant, there is no dispute between the parties, and the Defendant paid KRW 105,70,000 in total to the Plaintiff from July 28, 201 to January 26, 2012, the Plaintiff paid the total amount of KRW 105,70,000 to the Plaintiff under the pretext of repayment of the instant cosmetics as stated in attached Table 2, and the Plaintiff paid the sale proceeds to the Plaintiff from March 21, 2012 to January 30, 2012.
B. According to the above facts, the defendant is obligated to pay to the plaintiff the balance of principal (=310,770,000 won - 105,715,000 won - 105,715,000 won) of the loan of this case and delay damages (=58,164,000 won - 42,27,200 won - 9,110,000 won), barring special circumstances. The defendant is obligated to refund the balance of the sale proceeds of the above cosmetics to the plaintiff (=58,164,000 won - - 42,227,200 won -
2. Judgment on the defendant's defense
A. From March 25, 201 to March 19, 2012, the Defendant paid to the Plaintiff KRW 170,740,000 as principal repayment of the instant loan, and KRW 143,03,00 as interest repayment. At the time of the instant loan, the Plaintiff was paid interest exceeding 30% per annum under the Interest Limitation Act, which is the interest restriction rate under the instant loan. Of these, the amount exceeding the restricted interest rate should be appropriated for the principal of the instant loan. Accordingly, each appropriation is limited to KRW 8,642,607, and the amount of the instant loan should be limited to KRW 8,642,607, and ② the amount of the instant loan is limited to KRW 170,70 in return to the Plaintiff.