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1. The Defendant’s KRW 3,058,573 as well as 5% per annum from March 27, 2018 to September 21, 2018 to the Plaintiff.
Reasons
1. Facts of premise;
A. The Plaintiff borrowed KRW 51,540,00 (hereinafter “Account Loan”) from the Defendant on September 30, 2016 to December 4, 2017 by way of receiving deposits from the Defendant in the account, and the Plaintiff borrowed KRW 51,540,00 (hereinafter “Account Loan”) over 77 times from September 30, 2016 to December 4, 201, and continuously repaid the principal and interest to the Defendant.
D. Meanwhile, as a result of the repayment of the Plaintiff’s repayment by appropriating the portion exceeding 25%, the highest interest rate under the Interest Limitation Act, to the principal, the principal amount of KRW 2,063,701 remains as of April 14, 2017. The details of the loan and the details of the repayment thereafter are as shown in the table corresponding to the attached Table.
Article 22(1) of the Reference Act provides that the Defendant shall pay 5,300,000 won to the Defendant as the monthly payment, and that the Plaintiff would receive KRW 8,50,000 from the Defendant on July 8, 2017 and KRW 10,300,000 from the Defendant on December 10, 200.
Applicant The Defendant appropriated the Plaintiff for the repayment of the account borrowed without paying the agreed amount to the Plaintiff, and the Plaintiff did not fully pay the agreed amount of KRW 16,500,000 that the Plaintiff would have had to have paid to the Defendant if it had received the agreed amount.
B. (i) The Plaintiff borrowed 10,50,000 won, 2,000,0000 won, 1,500,000 won, 3,000,000 won, and 3,000,000 won in cash, separate from the Plaintiff’s cash loan and the Plaintiff’s remittance.
(hereinafter “cash loan”). The Plaintiff remitted 2,80,000 won (=1,00,000,000 on October 27, 2017, and KRW 360,000 on November 7, 2017, KRW 360,000 on November 17, 2017, KRW 360,000 on November 28, 2017, and KRW 360,000 on November 28, 2017, and KRW 360,000 on December 360, 20,000 on December 18, 2017, respectively) to the Defendant’s account.
[Reasons for Recognition] Facts without dispute, entry of Gap 1-6, and 8 (including more than one number), the purport of the whole pleadings
2. Determination
A. (i) Whether the obligation has been paid in excess of the obligation to borrow an account, the Plaintiff on April 15, 2017 to the Defendant.