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(영문) 서울고등법원 2015.12.18 2015나2032415

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the court of first instance, except for partial revision or addition as follows.

The term “from the HK Savings Bank” (hereinafter “HK Savings Bank”) at the 10,11th (hereinafter “HK Savings Bank”) at the bottom of the judgment of the first instance court, and the term “B apartment” at the 9th (B apartment) at the bottom of the same Myeon shall be amended to “D apartment”.

On the 3rd of the first instance judgment, the Plaintiff’s “after application” shall be changed to “On the other hand, the application of HK Savings Bank,” and the “Plaintiff” in the same 8th of the same 3th of the same 3th of the first instance judgment shall be changed to “the Plaintiff who acquired the instant loan

The following shall be added between four pages 10 and 11 of the judgment of the first instance:

A person shall be appointed.

D. As to this, the Defendant asserts to the effect that since the Defendant was not notified of the rate of delay damages, which is an important part of the loan agreement, at the time of the instant loan, the above rate of delay damages is null and void, and that imposing an excessive delay damages at the rate of 25% per annum on the Defendant shall not be allowed contrary to the principle of good faith and the principle of fair burden of damages.

In full view of the purport of the argument in Gap evidence No. 1, the credit transaction agreement (Evidence No. 1) signed and sealed by the defendant at the time of the loan in this case, the highest interest rate is 25% per annum that Article 3 (5) of the credit transaction basic terms and conditions of the mutual savings bank shall apply along with the content that Article 3 (5) of the credit transaction basic terms and conditions of the bank shall apply at the time of the loan in this case. In addition, it can be recognized that the defendant signed with his signature under the phrase "I shall receive the basic terms and conditions of the credit transaction and the copies of this agreement clearly, and shall hear and understand the main contents of the agreement."