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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. Basic facts
A. On September 30, 2017, transaction C between the Plaintiff and C prepared to the Plaintiff a loan certificate stating “145,000,000 won, the due date: October 31, 2017: Interest: 24% per annum (hereinafter “the instant loan certificate”).
B. During the period from October 8, 2015 to June 14, 2017, the Defendant paid C totaling KRW 3,118,940,000 as indicated in the “B-C” column of the attached Table 1 attached hereto, and received KRW 3,333,340,000 as indicated in the “C-B” column of the said Table from C.
(However, C used the account of spouse and child). [Grounds for recognition] The entry in Gap evidence 1, 2, and 5 (including virtual numbers, hereinafter the same shall apply) and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion holds a loan claim against C based on the instant loan certificate.
C through monetary transactions with the Defendant, borrowed KRW 3,18,940,00 in total from the Defendant, and repaid KRW 3,33,340,00 in total to the Defendant. It appears that C’s repayment was appropriated in the order of interest calculated at the rate of 25% per annum, which is the highest interest rate under the Interest Limitation Act, as shown in attached Table 1, and in the order of the original. The Plaintiff appropriated C’s repayment to the Defendant in the order of interest calculated by the rate of 25% per annum per annum until the time of repayment and the principal, and then the Plaintiff appropriated C’s repayment to the Defendant in the order of interest calculated by the rate of 25% per annum per annum, on the ground that C’s remainder is a malicious beneficiary, and calculated by immediately
The defendant received a total of KRW 194,294,210 from C in excess of the total of KRW 194,294,210.
In order to preserve the amount of KRW 150,800,000, out of the loan claims against C, the Plaintiff shall be calculated as KRW 150,735,890 in the attached Table 1 of unjust enrichment, which occurred from October 8, 2015 to April 26, 2017, on behalf of the Defendant, in subrogation of insolvent C, in order to compensate for the amount of KRW 150,80,00.
Section B. The payment shall be made within the scope of the above covered claim.
B. The plaintiff alleged by the defendant.