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(영문) 서울중앙지방법원 2014.01.09 2012가합52989
부당이득금반환
Text

1. Plaintiffs A, B, C, D, E, F, G (S 635), H, I, J, K, L, M, N (S 1023),O (S 117), P, Q, R (S 1567), S, T, U.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant enter into a loan agreement between the Plaintiffs and the Defendant 1) each of the loan agreements on each corresponding amount stated in the “loan Amount” column in attached Table 2 as of the corresponding date in the “Date of Loan” (hereinafter “the respective loan agreement of this case”).

(2) Upon entering into the loan agreement of this case, the Plaintiffs and the Defendant entered into a loan agreement of this case with respect to the real estate owned by the obligor (or lender) in order to secure the obligation of each of the loans of this case, they entered into a contract with the Defendant, using the standard terms and conditions (hereinafter “standard terms and conditions”) such as the bank loan transaction basic terms and conditions, bank loan transaction agreement I (for business use), loan transaction agreement I (for business use), loan transaction agreement II (comprehensive passbook loan and household current loan), loan transaction agreement I (for business use), loan transaction agreement I (for business use), loan transaction agreement I (comprehensive passbook loan and current loan), loan transaction agreement II (comprehensive passbook loan and current loan), mortgage contract, mortgage contract, mortgage contract, etc. (hereinafter “standard terms and conditions”).

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 through prior examination pursuant to Article 19-2 are as indicated in the column of “the standard terms and conditions in this case” among the table 1. B. The former standard terms and conditions prior to the standard terms and conditions in this case (hereinafter “former standard terms and conditions”) are unreasonable in the provisions that allow customers to bear in full the amount of stamp taxes and mortgage creation costs (registration tax, education tax, purchase of national housing bonds, certified judicial scrivener fees, cancellation expenses, appraisal fees) in relation to loan transactions.

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