logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.09 2012가합53340
부당이득금반환
Text

1. Each lawsuit of the plaintiffs A, B, C, D, and E shall be dismissed.

2. The defendant is the plaintiff A, B, C, D, E, F, G, H, I, J, K, L, M, N,O, P.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant enter into a loan agreement between the Plaintiffs and the Defendant (i) each of the loan agreements (hereinafter “each of the instant loan agreements”) on the relevant date indicated in the “date of loan” column in attached Table 2 “the details of the amount requested and the amount cited.”

(2) Upon entering into a loan agreement between the Plaintiffs and the Defendant, each of the following terms and conditions (hereinafter “the standard terms and conditions in this case”) were used as the basic terms and conditions for bank loan transactions, the basic terms and conditions for bank loan transactions, the loan transaction agreement I (for household loan), the loan transaction agreement II (for company loan and household current loan), the loan transaction agreement I (the comprehensive passbook loan and household current loan), the loan transaction agreement II (for company loan), the loan transaction agreement II (the comprehensive passbook loan and current loan), the mortgage transaction agreement, the mortgage contract, and the mortgage contract (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 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.

arrow