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(영문) 수원지방법원 2015.05.15 2014구단3932
대부업등록취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 16, 2012, the Plaintiff registered a credit business (C) with the trade name “B” and is a person who runs a credit business, and the loan interest rate of a credit service provider shall not exceed 39% per annum.

B. On June 27, 2012, the Plaintiff: (a) agreed to lend KRW 6 million to D as security on one-month basis; (b) paid KRW 5,484,000 after deducting commission and establishment expenses; (c) received interest of KRW 195,00 equivalent to the annual interest rate of KRW 41.5% until July 28, 2012; (d) added KRW 85,500 to the principal of the loan amount of KRW 5,520,00 on August 29, 2012; and (e) renewed the loan agreement with KRW 5,605,500,000 at a total amount of KRW 1-2 months, including renewal of the loan principal amount of KRW 92 million; and (e) concluded a loan agreement with interest rate of KRW 218,50,000 at an interest rate of KRW 5,60,000,000 and was subject to restriction on the loan agreement.

C. As a result, the Plaintiff was a criminal case at the Suwon Police Station, and was sent to the prosecution on April 24, 2013, and on April 2, 2013, the Defendant was notified of the foregoing facts charged.

Upon receipt of the aforementioned notification from the Suwon Police Station, the Defendant issued a disposition of business suspension for six months (from June 17, 2013 to December 16, 2013), as stipulated in Article 13(1)1 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 12493, Mar. 18, 2014; hereinafter the same), and Article 7-4(1) of the Enforcement Decree of the same Act.

E. On July 17, 2013, the Plaintiff received a summary order of KRW 5 million from the Suwon District Court on the violation of the Credit Business Act, and the said summary order became final and conclusive on August 2, 2013.

F. On February 21, 2014, as the above summary order became final and conclusive, the Defendant issued the instant disposition against the Plaintiff, revoking the registration of credit business pursuant to Article 13(2)2 of the Credit Business Act.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 2, 4, and Eul No. 1.

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