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(영문) 광주지방법원목포지원 2017.05.18 2016가합10945
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs are small and medium enterprises engaged in vessel structure manufacturing, etc. within the industrial complex for the payment of the full payment of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price.

(2) Since 2007, the Plaintiffs concluded a floating interest rate loan agreement with the former Korea Exchange Bank and have been engaged in credit transactions (hereinafter “the instant credit transaction”).

1) In relation to the instant credit transaction, the former Korea Exchange Bank increased the interest rate on several occasions from 2008 to 2010. As a result, the amount of KRW 185,692,519, totaling KRW 40,416,648, totaling KRW 40,648, totaling KRW 39,208,207, totaling KRW 8,127,254, totaling KRW 8,254, and KRW 1,303,286, total sum from the Plaintiff Han Heavy Industries (hereinafter “each interest of this case”).

(2) At the time of the above increase in the additional interest rate, the former Korea Exchange Bank did not prepare an additional agreement on the increase in the additional interest rate with the Plaintiffs or notified the Plaintiffs in writing of the increase in the additional interest rate.

C. On March 5, 2013, the Financial Supervisory Service: (a) on March 5, 2013, 2013, the former Korea Exchange Bank issued an unjust order to increase the additional interest rates at each branch; and (b) each branch received excessive interest rates by arbitrarily raising additional interest rates without entering into an additional agreement with the loan obligor; (c) thus, it pointed out that the amount of the loan interest and the excessive interest accrued through the increase in additional interest rates should be refunded and the internal control guidelines should be established to control the voluntary change in additional interest rates, and that the former Korea Exchange Bank warnings the former

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