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(영문) 서울중앙지방법원 2014.12.17 2014가단5037487

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 10, 2009, the Plaintiff borrowed the same loan from the Defendant’s New Real Estate Trust Co., Ltd. (hereinafter “Defendant’s New Real Estate Trust”).

6. A around 30.m., the defendant corporation was merged into the same land.

The same loan and defendant corporation are referred to as the "Defendant's same land."

(2) On the parcel outside Seongbuk-gu Seoul and outside 92 parcels, the sales contract signed and sealed by the Plaintiff and the Defendants was concluded as follows. (2) When the agreed payment date has elapsed due to the delay in the payment of the intermediate payment and the remainder, the Plaintiff shall pay the late payment charge calculated by applying the weighted average credit rate of the deposit banks (if the agreed payment date has been extended, new handling date, 6.89%) announced by the Bank of Korea at the time of the conclusion of the supply contract to the Plaintiff for the late payment period and the late payment period (if the late payment period is less than 1 month, 5% per annum which is the statutory interest rate prescribed in the Civil Act or the late payment rate used by the national bank, which is less than 82,90,000 won, the late payment rate of the late payment period shall be less than 98% per annum of the late payment period, the late payment period shall be less than 198% per annum of the late payment period and the late payment period of the late payment period.

B. On May 201, the Plaintiff drafted an individual agreement with the Defendants.