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1. Defendant B’s KRW 18,707,392 as well as the Plaintiff’s annual rate from June 23, 2016 to January 11, 2017, and January 12, 2017.
Reasons
Basic Facts
As seen in paragraph 2-b below, the Plaintiff assumed the Defendant B’s obligation to borrow loans over several occasions, and transferred on March 11, 2014, the Plaintiff’s claim against the Ssong City Construction Co., Ltd. (hereinafter “Song City Construction”) to Defendant B.
On May 15, 2015, Defendant B collected KRW 87,000,000 from the construction of the Ssung City.
【No dispute over the grounds for recognition, Gap’s evidence 2, and the purport of the entire pleadings. The plaintiff claims against defendant B for the return of unjust enrichment with the settlement of the plaintiff’s loan and the remaining money from the collection amount. Since there is a dispute over the amount of the plaintiff’s loan, this first examines the plaintiff’s loan and then examines the plaintiff’s claim for payment in kind.
The Plaintiff’s loan repayment obligation against Defendant B as of July 1, 2013, prepared a certificate of loan with the purport that the Plaintiff borrowed KRW 35,000,000 from Defendant B on July 1, 2013 at the maturity of payment on January 2, 2014, and at the interest rate of 20% per annum, and delivered it to Defendant B is either the dispute between the parties or the purport of the entire pleadings as a whole.
The Plaintiff asserts that the amount actually borrowed after deducting advance interest, etc. is KRW 22,500,00,000. However, it is not sufficient to reverse the statement on the evidence No. 8-3 and No. 4 alone, which is a disposal document, as it is insufficient to reverse the statement on the evidence No. 1. Thus, only KRW 30,000,000, which is calculated by deducting the amount of the Defendant B’s interest, i.e., the advance interest, KRW 5,000,000.
5,000,00 won (from July 1, 2013, the date of loan to January 2, 2014, which is the due date) of the above six-month period (from July 1, 2013, the date of repayment to January 2, 2014) is null and void in excess of the interest limit rate of the Interest Limitation Act at 33.33% (5,00,000 won x 2/30,000,000) per annum. Thus, interest and delay damages calculated at the rate of 20% per annum, which is the rate of interest rate of 30,000,000 won actually received by the Plaintiff from July 1, 2013 to May 15, 2015, which is the date of repayment.