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(영문) 수원지방법원성남지원 2015.05.27 2014가단26896

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.Article 6 of the facts of the basis. ① The rate of damages for delay and the rate of special damages under this Arrangement shall be applied differently according to the overdue period as follows.

1. The period in arrear is less than one month (not more than 30 days) and 6% of the loan interest rate on an obligor;

2. The interest rate on a debtor's loan of not less than one month but less than three months (not less than 31 days but not more than 90 days);

3. If the overdue period is at least three months (at least 91 days), 9% of the debtor loan interest rate, 15% per annum (at least 30% per annum, 12% per annum, 90% per annum, 13% per annum, 91% or more per annum, and 15% per annum, 15% per annum (at least 30% per annum, 12% per annum, 90% per annum, 13% per annum, 91 days or more, and 15%) shall be applied in excess of 21% per annum.

Provided, That the repayment of daily loans shall be excluded from the application of the maximum interest rate.

(3) The term "debtor's loan interest rate" in paragraph (1) means the normal interest rate immediately preceding the delinquency, and the loan to which a second compensation is made shall include the interest rate on the second compensation.

Article 9 Change in the interest rate (1) “Standard interest rate” in the standard interest rate loan means the interest rate publicly announced by the Cooperative, and in the case of a standard interest rate interlock loan, the time when the changed interest rate is applied shall be the changed interest rate from the changed date after the change is made in accordance with Article 3(6) of the Framework Agreement on Credit Transactions with Members Association.

On July 28, 2009, the Defendant: (a) on July 31, 2009, KRW 950,000,00 for each loan commencement date; (b) July 31, 2009; (c) on July 31, 2012, the expiration date of the repayment repayment period; (d) full redemption on the expiration date of the repayment repayment period; (e) interest rate of KRW 0.4%; and (e) on the payment date every one month as set forth in the payment date for interest payment (hereinafter “instant loan agreement”); and (e) on each of the above loan contracts, the parts relating to

B. In order to secure each of the above loans, the defendant set up a mortgage on real estate in the name of C, and thereafter, the Suwon District Court has become the status of the mortgagee.