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(영문) 서울남부지방법원 2016.06.21 2015가단217120
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts as follows.

In other words, while the Plaintiff obtained loans of KRW 3.2 billion from the New Savings Bank on September 30, 2005 and repaid all outstanding loans of KRW 3.2 billion on October 4, 2010, the Plaintiff acquired the above second loans from the New Savings Bank, and the Plaintiff paid all the above second loans to the Defendant on August 13, 2014. According to the Supreme Court precedents, the loans from September 30, 2005 and the loans from October 4, 2010 are recognized as identical, and the New Savings Bank from September 30, 2006 to September 30, 2007 to pay KRW 120,000 to the Plaintiff with the overdue interest related to the loans from September 30, 2005, the Defendant acquired the above second loans from the new Savings Bank from the new Savings Bank from 00,000 won to the Plaintiff, and thus, the Defendant acquired the loan from the new Savings Bank from 00,000 won to the Plaintiff.

Therefore, with respect to whether the Shin Savings Bank collected an excessive amount of KRW 120,000,000 as interest interest rate related to the loan of September 30, 2005 to the Plaintiff from September 2006 and November 2007, it is not sufficient to recognize this only by the descriptions of the health department, Gap, 1, 2, and 5, and there is no other evidence to acknowledge this otherwise.

If so, the plaintiff's claim is dismissed without any need for further review.

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