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(영문) 서울중앙지방법원 2016.01.27 2014가단239639
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On September 6, 2006, the Plaintiff of the first loan made a re-agreement with the Defendant on October 19, 201 with respect to the said loan, which was used as a loan of KRW 35,000,000, as follows. ① Credit amount: KRW 35,000,000: (2) Credit commencement date: October 19, 201; ③ Credit period expiration date: (3) Interest rate: 5.44% on April 19, 201: (4) Interest rate: 17% on a floating rate of less than three months; and 19%) (2) the Plaintiff entered into a credit transaction agreement with the Defendant on October 25, 2010.

(1) Amount of loans: 200,000,000 won:

(b) The first and second loans to change interest rates were extended due to the extension of maturity as listed below, and the interest rate continued to change.

1) Re-Agreement 1.4: (a) No. 206.3 of the Act on 19, 201; (b) No. 201.34, 201; (c) No. 201.5 of the Act on 20, 201; (d) No. 106.4, 205 of the Act on 20, 2015 of the Act on 20, 2015 of the Act on 20, 2015 of the Act on 20, 2015 of the Act on 20, 2015 of the Act on 20, 2015 of the Act on 20, 2015 of the Act on 20, 2015 of the Act on 20, 2016.36.106, 201.3, 205 of the Act on 214, 2013 of the Act on 25, 2014.

2. The Plaintiff’s assertion without any justifiable ground. ① As from April 20, 2012, the Defendant applied an additional interest rate of KRW 2,202,037 to the additional interest rate of KRW 5.71% from April 20, 201 to 6.45% higher than the agreed additional interest rate, and ② as to the second loan.

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