logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.09.10 2014두1314
영업정지처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Intervenor, and the remainder is assessed against the Defendant.

Reasons

The grounds of appeal are examined.

1. As to whether to automatically extend loan agreements under the terms and conditions, the lower court cited the reasoning of the first instance judgment and partly added the judgment, and determined that each of the above loan agreements cannot be concluded or renewed after the enforcement of the amended Enforcement Decree, since the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Enforcement Decree”) was amended by Presidential Decree No. 22298 and Article 2291 on July 21, 2010, respectively, and the highest interest rate was 49% to 49% per annum and 39% per annum (hereinafter “amended Enforcement Decree”), and each of the amended Enforcement Decree was reduced to 39% per annum (hereinafter “amended Enforcement Decree”), in order to apply the highest interest rate reduced under the amended Enforcement Decree, the loan agreements shall be concluded or renewed after the enforcement of the amended Enforcement Decree. In light of the relevant circumstances, the type, ① or ⑤ loan agreements cannot be deemed to have been automatically extended under the terms and conditions after the enforcement of the amended Enforcement Decree.

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the interpretation of the terms and conditions, or by exceeding

(5) According to the terms and conditions of a loan agreement, the loan agreement is automatically extended without any express declaration from the parties by the maturity date. The Plaintiff sent most text messages that the contract term expires after maturity, and thus, the automatic extension of the loan agreement does not affect the automatic extension of the loan agreement is the first argument in the final appeal, and thus, it cannot

2. As to the implied renewal of a loan agreement, the lower court, citing the reasoning of the first instance judgment, citing the reasoning of the judgment, and comprehensively taking into account the circumstances in its holding, types 1, 3 through 5, by implied agreement.

arrow