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(영문) 서울중앙지방법원 2014.05.20 2013나54559
부당이득금반환
Text

1. Plaintiff A, B, C, D, E, E, F, G, H, I, K, K, L, M, and N, which constitutes the money ordering payment under the following among the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant enter into a loan agreement between the Plaintiffs and the Defendant (hereinafter “the instant loan agreement”) on each of the relevant dates stated in the “loan Date” column in attached Table 1 “The Amount of Claim and the Details of Expenses for Establishment of Mortgage” between the Defendant and the Defendant.

In concluding a loan, the Defendant’s “loan” means the establishment registration of each mortgage on each real estate owned by the debtor or the pledger as the maximum debt amount (hereinafter “the establishment registration of each mortgage on each real estate of this case”) with the amount indicated in the “the maximum debt amount” as to each real estate owned by the debtor or the pledger.

(2) The plaintiffs and the defendant concluded each of the loan agreements in this case, they prepared a contract by using standard terms and conditions such as bank credit transaction terms and conditions (for example, bank credit transaction terms and conditions), basic terms and conditions of bank credit transaction (for business use), loan transaction agreement I (for household loan), loan transaction agreement II (for business use), loan transaction agreement I (comprehensive passbook loan and household current loan), loan transaction agreement I (comprehensive passbook loan and cash loan), loan transaction agreement II (comprehensive account loan and cash loan), mortgage contract, mortgage contract, mortgage contract, etc. (hereinafter "standard terms and conditions in 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 pursuant to Article 19-2, which are related to this case, are indicated in the column of “the standard terms and conditions in this case” among the table 1. B. The former standard terms and conditions before the standard terms and conditions in this case (hereinafter “former standard terms and conditions”) are as follows: stamp tax and mortgage creation cost, registration tax, education tax, cost of purchasing national housing bonds, and fees for certified judicial scrivener.

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