부당이득금
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. As to the plaintiff A's claim for return of unjust enrichment of stamp tax and the remaining plaintiffs' claim
A. We examine whether Plaintiff A’s stamp tax burden and the rest of the Plaintiffs’ loan expense burden pursuant to the terms and conditions of the agreement.
(1) According to Article 2(1) of the former Act on the Regulation of Terms and Conditions (amended by Act No. 10169, Mar. 22, 2010; hereinafter “Terms and Conditions Act”), a contractual term refers to a contractual term, regardless of its name, form, or scope, in advance, formed by either party to a contract in order to enter into a contract with a large number of other parties.
However, in a case where one of the parties to a contract prepared a standardized contract and entered into a contract by presenting it to a certain other party, if the other party had an opportunity to adjust his/her own interests by negotiating a specific clause with the other party, such specific clause shall be deemed an individual agreement not subject to the regulation of the Act on the Regulation of Terms and Conditions.
In order to establish the existence of an individual negotiation, even though the result of the negotiation does not necessarily appear in the form of changing the contents of a specific clause, it is necessary to have, at least, the other party to the contract had to have been bound by the contents of the specific clause prepared in advance by exercising influence after sufficiently reviewing and considering the specific clause in almost equal status with the person who presented the terms and conditions, and to have the possibility of changing the clause without being bound by the contents of the specific clause. As such, the fact that the terms and conditions have become an individual agreement by an agreement between the parties must be attested
(See Supreme Court Decisions 2009Da105383 Decided September 9, 2010; 2013Da214864 Decided June 12, 2014, etc.). (2) The lower judgment and the first instance judgment cited by the lower court.