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(영문) 서울중앙지방법원 2015.03.25 2012가합66988
금융자문수수료 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the case is that the plaintiff, who paid 2 billion won to the Busan Savings Bank (hereinafter referred to as the "stock company") from the time when the bankrupt corporation, Busan Savings Bank (hereinafter referred to as the "the second name), has a claim equivalent to the above amount of the fee as the repayment following the cancellation of the financial advisory contract, restitution of unjust enrichment, compensation for damages, and performance of the return agreement. The plaintiff's claim is that the above claim and the plaintiff's claim set off one billion won against the Busan Savings Bank (the right loan through Beluris Co., Ltd.) loans (the right loan through Beluris), against the Busan Savings Bank.

In fact, the Plaintiff entered into a loan agreement and a financial advisory agreement on June 29, 2010 between the Busan Savings Bank and the Busan District Bank, a stock company, and the Busan District Bank on June 29, 2010.

The contents of the contract are as follows:

Article 3 [Interests, Fees, and Expenses] (3) The borrower shall pay to the lender the fees for financial advice as agreed separately.

Fees paid by the borrower shall not be refunded in any case.

The loan agreement / [Purpose] Article 1 of the Financial Advisory System of the Loan Agreement / This Agreement forms all the terms and conditions of the loan so that the borrower can obtain the loan from the lender, concludes a loan agreement, and executes the loan in accordance with the loan agreement, and the roles and activities of the lender accompanying the loan in order to carry out the loan actually.

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