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(영문) 울산지방법원 2017.09.26 2016가단55744

1. The Defendant’s KRW 17,235,787 as well as the Plaintiff’s annual rate from May 25, 2016 to September 26, 2017.


1. Facts of recognition;

A. C borrowed KRW 40,00,000 from the Defendant on July 12, 2012, the Plaintiff agreed to pay up until August 12, 2012, and prepared a loan certificate (B) with the content that the Plaintiff guarantees the repayment and deliver it to the Defendant.

(hereinafter “instant loan agreement”). B.

Before the issuance of the above loan certificate, the Plaintiff was a successful bidder operated by the Defendant (hereinafter “instant system”), and was set up a collateral security right under the name of the Defendant on May 6, 2010 with regard to the Plaintiff’s obligation to pay the entire deposit amount, as joint collateral in Ulsan Metropolitan City D and E, Ulsan Metropolitan City, which is owned by the Plaintiff.

On June 12, 2015, the Plaintiff confirmed that the Plaintiff’s obligation under the instant loan agreement was KRW 139,700,000 with the Defendant, and that the Plaintiff paid KRW 108,00,000 to the Defendant, upon paying the Defendant KRW 108,00,000, the said right to collateral security was cancelled.

C. On November 1, 2012, the Plaintiff paid KRW 2,000,000 to the Defendant (the Defendant on the fifth pleadings) and KRW 108,00,000 on July 22, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 4, Eul evidence 1 and 4, and the purport before oral argument

2. Determination on the cause of the claim

A. At the time of the loan agreement of this case, the plaintiff asserted that the plaintiff guaranteed only the borrowed principal, but the defendant received interest on the borrowed principal and the interest thereon from the plaintiff, and the 68,000,000 won, excluding the borrowed principal, must be returned to the plaintiff as unjust enrichment without legal grounds. As asserted by the defendant, there is an agreement of 30% per annum at the time of

Even if the above agreement exceeds the interest, it shall be returned.

B. (1) According to the purport of the loan agreement of this case between C and C, the Defendant agreed to the interest rate of 60% (5% per annum) at the time of the loan agreement of this case, according to the following: (a) Nos. 5, and Nos. 6, 6, and 8; and (b) Nos. 6, 6, and 8; and (c) the Defendant’s agreement on the loan of this case on July 11, 2012.