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(영문) 서울중앙지방법원 2017.11.17 2014가합55197
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendants are banks that operate business of lending funds raised by bearing debts from many unspecified persons through the receipt of deposits or the issuance of securities and other bonds.

The CD(s) is a certificate of deposit issued with a bearer discount (in the case of a bank, a bank shall issue CDs in an amount other than interest accrued at par value and a customer shall be paid at face value) with a certificate of deposit issued with a bearer discount (in the case of a bank, an amount excluding interest accrued at face value and a customer shall be paid at face value) and shall be issued for the purpose of raising a short-term fund

The floating interest rate loan is a loan method that applies the loan interest rate that changes in comparison with the actual interest rate during the loan period.

The CD interest rate is one of the base interest rates for the fluctuation rate, and the household loan linked to the CD interest rate was reached in KRW 315, which is a half of the base household loan around April 2012.

The CD interest rate shall be determined in the following ways:

In the event that AA’s credit rating is a bank, it shall provide 10 securities companies with information on CDs, such as the issuance rate of CDs, including the right to cross-guarantee, while issuing CDs.

10 securities companies shall provide the Korea Financial Investment Association with an earning rate of 91 days for CDs on the basis of information on the said CDs issued and an earning rate on the CDs circulated in the market.

The Korea Financial Investment Association shall publish the CD interest rate by averaging 8 remaining excluding 2 highest and lowest of the return rates provided by the said securities companies every day.

On December 16, 2009, the Financial Services Commission announced to introduce the system related to the liquidity ratio of bank bills. On March 2010, the Financial Services Commission introduced a plan to strengthen the management of the deposit rate to ensure that “a general bank and agricultural cooperatives shall maintain not more than 100% of the deposit rate except for CDs (Korean won loan rate to deposits in Korean won held by a bank)” against the general bank with not less than 2 trillion won loans in Korean won and agricultural cooperatives.

d. 208

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