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TITLE Supreme Court Decision 2004Da50426 Delivered on February 15, 2007 [full Text]
Summary
[1] Whether a certain behavior or an expression of intention by a creditor can be recognized as a waiver of an obligation (affirmative) and the criteria for such determination [2] Where an agreement is reached concerning interest as part of an agreement to lend and borrow money, if the interest rate was set significantly high, beyond the limit permitted by conventional social wisdom, due to a difference in economic power between the parties, whether the agreement for that portion of interest is valid (held invalid) [3] If the borrower pays interest to the lender based on an agreement regarding interest which violates good custom and other principles of social order, due to which the agreement therefore becomes null and void, whether the borrower may claim a refund of the interest which he/she has paid voluntarily (affirmative)
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