이자대납금반환등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added to the pertinent part the following determination as to the matters alleged in the trial of the court of first instance, and thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The defendant's assertion is a standardized contract clause that requires the plaintiff to return the amount already received by the plaintiff at the time of rescission of the contract of this case by adding only interest rate of 3% per annum to the amount already paid at the time of cancellation of the contract of this case. (1) Since the plaintiff did not explain it to the defendant even though the part of the above 3% annual interest rate (the additional interest rate of this case "the additional interest rate of this case") is an important part of the standardized contract, it cannot be asserted as the contents of the contract, or (2) considering the structure of the contract of this case where the plaintiff actually takes the same economic benefits as the plaintiff's act of offering the apartment constructed as security, but only the owner of the loan is the buyer, the above additional interest rate of the refund to the above 3% per annum which is merely
B. Determination 1) Articles 2 and 4, etc. concerning the cancellation of a contract among the contracts in relation to the instant sales contract as to whether the contract constitutes a standardized contract (from the following to the “instant standardized contract clause”).
(i)the Act on the Regulation of Terms and Conditions (from:
(2) The Plaintiff directly succeeds to the rights and obligations under the above sales contract, not the parties to the sales contract of this case, but the parties to the contract of this case. Thus, the Plaintiff directly succeeds to the rights and obligations under the above sales contract of this case.