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(영문) 서울고등법원 2016.12.22 2014나10962
부당이득금반환
Text

1. The part against the plaintiffs in the judgment of the first instance, including the claims added at the trial is as follows.

Reasons

1. Basic facts

A. 1) The Plaintiffs entered into a loan agreement between the Plaintiffs and the Defendant on each corresponding amount stated in the “date of loan” column in the separate sheet of claim amount in the separate sheet of claim amount No. 2 attached hereto (hereinafter “the respective loan agreement of this case”) between the Defendant and the Defendant.

(2) While entering into each of the instant loan agreements with the Plaintiffs, the Defendant and the Defendant entered into a loan agreement with each of the following terms and conditions (hereinafter “standard terms and conditions of this case”) such as bank loan transaction basic terms and conditions, loan transaction agreement I (for household loan), loan transaction agreement II (for household loan and household party loan), loan transaction agreement II (comprehensive passbook loan and household party loan), mortgage contract II (comprehensive passbook loan and party loan), mortgage contract, mortgage contract, mortgage contract, and mortgage contract (hereinafter “standard terms and conditions of this case”).

3) The standard terms and conditions of this case shall be the Korea Federation of Banks, an incorporated association around December 2002 (hereinafter “Korea Federation of Banks”).

) The former Act on the Regulation of Terms and Conditions (amended by Act No. 10169, Mar. 22, 2010; hereinafter “former Act on the Regulation of Terms and Conditions”).

(B) The standard terms and conditions approved by the Fair Trade Commission through prior examination pursuant to Article 19-2 are as indicated in the column of “the standard terms and conditions in this case” among the table 1. The enforcement and amendment of the standard terms and conditions in this case (hereinafter “former standard terms and conditions”) prior to the standard terms and conditions in this case are indicated as follows. The old standard terms and conditions prior to the standard terms and conditions in this case (hereinafter “former standard terms and conditions”) are pointed out unreasonable in the provisions that allow customers to bear in full the amount of expenses due to the preparation of a written agreement in relation to loan transactions, and thus, the obligor is entitled to choose to bear expenses.

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