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(영문) 대전지방법원 2017.08.18 2016나110022 (1)
부당이득금 반환 및 계약무효
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On March 25, 2013, the Plaintiff obtained a loan by setting the lending period of KRW 3 million from the Defendant as 50 days from March 25, 2013 to May 15, 2013 and at the interest rate of 34.675% (payment on a daily basis).

On May 14, 2013, the Plaintiff entered into a new contract for a loan of KRW 3 million from the Defendant from May 14, 2013 to August 22, 2013 with an interest rate of 100 days and 34.675% from May 14, 2013, and received the remainder of the repayment of the existing loan with the loan.

By December 29, 2014, the Plaintiff entered into each of the instant loans contracts (hereinafter referred to as “each of the instant loans contracts”) with the Defendant in total eight times from the Defendant, as shown in the following table.

The interest rate of 3,00,000 203-00 2013-03-25 2013-25 2013-25 2,850 2,850 2013-05-14 2013-08-22 100 34.675 2,850 2,850 3,850 2,850 203-407-29 2007-29 2007-407-29 208-407-29 207-407, 2008-29 207-140, 2000 3,000 204-29, 2014-29-14, 305, 2014-5, 207

B. The Defendant first carried out a loan with a deposit account (Account Number B and the above account was terminated on December 29, 2014) in the name of the Plaintiff established by the Defendant to pay the Plaintiff a loan from the first to the seventh time, and then transferred the remaining amount to the account designated by the Plaintiff.

C. The Plaintiff deposited money to the Defendant on a regular basis in the account (Account Number: C) of the Hansung Savings Bank in the name of another Plaintiff. In each of the above accounts, each of the loan interest calculated according to the respective loan interest rates set out in the loan agreement of this case from the above account each day, as well as the money in the name of

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