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(영문) 서울고등법원 2016.06.24 2014나12845

부당이득금반환

Text

1. Of the judgment of the first instance, the part on Plaintiff DHW (No. 480), and DHX is revoked, and Plaintiff DHW (No. 480), and DHX.

Reasons

1. Basic facts

A. The 1 Plaintiffs, who entered into a loan agreement between the Plaintiffs and the Defendant, are attached to the Defendant.

2. Of the claim amount list, there is no dispute between the parties as to the fact that the date of loan was not specified among the plaintiffs at each corresponding date, but as to the fact that the plaintiffs received the loan in question and the fact that the stamp and the collateral investigation fee were borne by them.

The term "loan Amount" in the same table was entered into with each loan agreement (hereinafter "each of the loan agreements of this case") on each of the amounts stated in the same table, and the defendant completed the registration of establishment of each of the real estates owned by the debtor (or the lender) for the security of each of the loans of this case.

2) In entering into each of the instant loan agreements, the Plaintiffs and the Defendant: (a) standard terms and conditions of bank loan transactions (for household use), loan transaction agreement I (for household use), loan transaction agreement II (comprehensive passbook loan and household current loan), loan transaction agreement II (comprehensive passbook loan and household current loan), mortgage contract, mortgage contract, mortgage contract, mortgage contract, etc. (hereinafter “standard terms and conditions of this case”) prepared by the Defendant.

3) The standard terms and conditions in this case are the standard terms and conditions approved by the Korea Federation of Banks (hereinafter “Korea Federation of Banks”) through prior examination by the Fair Trade Commission pursuant to Article 19-2 of the former Act on the Regulation of Terms and Conditions (amended by Act No. 10169, Mar. 22, 2010; hereinafter “former Terms and Conditions Act”) around December 2002, and the contents relating to this case are as follows.

B. Enforcement and amendment of the standard terms and conditions of this case 1) The former standard terms and conditions before the standard terms and conditions of this case (hereinafter “former standard terms and conditions”).

in respect of loan transactions, the stamp tax pursuant to the preparation of the agreement.