1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

1. The plaintiff is entitled to use the abbreviationd name used by the first instance court of this case in the scope of the trial in this court.

The first instance court rendered a judgment dismissing the claim objection and the claim for return of unjust enrichment. The first instance court rendered a judgment dismissing the claim for return of unjust enrichment.

Since only the plaintiff appealed, only the part of the claim for return of unjust enrichment is subject to the judgment of this court.

2. Facts of recognition;

A. From April 1, 2014 to December 13, 2014, the Defendant set interest at 48% per annum on a total of nine occasions as indicated in the attached Table 1, and lent total of KRW 69,936,30 to the Plaintiff.

B. From May 1, 2014 to January 5, 2018, the Plaintiff repaid a total of KRW 107,560,000 to the Defendant on a total of 69 occasions, as shown in the attached Table 2.

[Ground of recognition] Unsatisfy, entry of Gap evidence 5 to 7 (including a tentative number), the purport of the whole pleadings

3. Determination on the claim for return of unjust enrichment

A. If the Plaintiff’s reimbursement of the Plaintiff’s assertion is appropriated for the payment of the Defendant’s above loan and the interest within the maximum interest rate under the Interest Limitation Act, the Defendant received more than KRW 16,966,987 from the Plaintiff, and thus, the Defendant is obligated to return it to the Plaintiff as unjust enrichment.

B. We examine the following facts: (a) the Plaintiff borrowed a total of KRW 69,936,300 from the Defendant and repaid a total of KRW 107,560,000 on the above loan; and (b) if the above repayment is appropriated in the order of interest and principal within the maximum interest rate under the Interest Limitation Act pursuant to Article 479(1) of the Civil Act as stated in the attached Table 2, the principal shall be all extinguished and the principal shall be KRW 14,073,539 (=20,000 on January 5, 2018 - total of KRW 300,560 on the remaining interest - total of KRW 5,625,90 on the remaining principal - total of KRW 14,073,539 on the loan shall be deemed unjust enrichment of the Defendant.