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(영문) 창원지방법원 2014.11.26 2014나6286

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 31, 2010, the Plaintiff received KRW 130 million from the Defendant through the Industrial Bank of Korea (the Industrial Bank of Korea) for the loan of housing security. The key contents of the loan transaction agreement are as follows.

Article 1 Where the overdue interest rate of 5.1% until the expiration date of the fixed interest rate on December 31, 2025 from the expiration date of the loan of KRW 30,000,000 from the date of the loan of KRW 31,000 to December 31, 2010, is not more than one month, 15% per annum on the amount of the relevant delayed interest on the repayment of the relevant interest on the loan of KRW 5.1% per annum, where the overdue interest period is more than one month but not more than three months, 15% per annum on the total balance of the loan, and 17% per annum on the total balance where the overdue interest

When early repayment within one year is made, 1.5% of the early repayment amount shall be within 2% of the early repayment amount at the time of repayment within three years, 1.5% of the early repayment amount as follows:

Article 3. Damages for delay (2) When the obligation is not met on the date when the loan expires, or when the benefit of time is lost under Article 7 of the Framework Agreement or Articles 8 and 9.1 through (2) of this Agreement, he shall pay damages for delay to the balance of the loan immediately from that time.

Article 9 Section 9. (1) In applying for a loan under this Arrangement, the principal agrees that the number of houses owned by the principal and his/her spouse is not a house except for this house.

However, if the bank fails to prove the fact of disposal pursuant to the above arrangements, it shall agree to dispose of this house within two years from the date of the execution of the loan, and if the bank fails to prove the fact of disposal pursuant to the above arrangements, this loan will lose the benefit of time and be obliged to repay it immediately after the lapse of two years from the date of execution of the loan, even if there is no separate notice from the bank.

The current house holding status (excluding this house as collateral) shall be disposed of by adding up the spouse of a house with no house owned by the head of the household (a scheduled disposal plan).