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(영문) 서울중앙지방법원 2016.08.11 2016나1600
부당이득금반환 청구의소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff received a total of KRW 3.7 billion loans from the Defendant on a five-yearly basis from March 29, 2001 to April 30, 2012.

On October 4, 2012, the Plaintiff newly concluded a contract to convert the above five loans into one loan contract for KRW 3.7 billion with the Defendant on October 4, 2012, and agreed to repay the loan maturity on October 4, 2013, and only on the loan date.

(hereinafter referred to as "the first loan of this case". In addition, the first loan of this case was agreed to pay the redemption rate of 1.5% when the redemption is made before three years including the extension of the term from the first loan date.

After that, on March 31, 2014, the Plaintiff paid KRW 14,217,123, which occurred when the principal of the loan was redeemed before maturity within three years from the date of the first loan to the Defendant, and the Plaintiff paid KRW 14,217,123.

B. On June 10, 201, the Plaintiff borrowed KRW 1.6 billion from the Defendant to June 10, 201, at the lending rate of KRW 1.6 billion until June 10, 2012, and received a loan by means of full repayment on the expiration date of the lending period.

(hereinafter “the second loan”). The maturity of the second loan in this case was extended every one year, and it was finally extended by June 10, 2014.

On the other hand, at the time of the first loan contract, the redemption commission was determined to have occurred in the event of “the repayment before 33 months (including the extended date of loan)”, but the redemption commission was agreed to have occurred in the event of “the extension of the due date (including the extended date if the extension was made) before the due date of the loan.

After that, on March 31, 2014, the Plaintiff paid KRW 1.6 billion to the Defendant the agreed interest and the redemption fee of KRW 1,554,74, and repaid the instant loans to the Defendant.

C. On November 25, 201, the Plaintiff received a loan of KRW 400 million from the Defendant for the term of November 25, 2012. The redemption rate is 1%.

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