부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 30, 1997, the Plaintiff was granted a loan of KRW 35 million from Hanil Bank as a security from Hanil Bank Co., Ltd., with a maturity of KRW 4.5% added to the base rate of d.5%, and the maturity was set up until April 30, 2017.
(B) The terms and conditions of bank credit transactions applicable to the instant loan are as follows:
Article 3 Interest, etc. and damages for delay (2) The rate of interest, etc. may be selected and applied among the following subparagraphs at the time of the contract:
2. The Bank may change its rate from time to time until completion of the discharge of its obligation. (4) In the case of the choice of paragraph 2(2), it shall be done within a reasonable scope in accordance with sound financial practices which increase the rate of interest, etc.
(6) If a bank changes the method, time, and method of calculating interest, etc. and damages for delay, if it is necessary due to any change in the financial condition and other circumstances affecting credit transactions, the changed matters shall be applied from the date on which it first pays interest after such change.
Accordingly, the loan interest rate applied to the Plaintiff is 14% per annum from the date of loan (i.e., 9.5% from the loan interest rate; hereinafter the loan interest rate is 4.5% per annum from December 31, 1997, 15% per annum from January 31, 1997, 17% per annum from January 31, 1998, 16% per annum from July 31, 1998, 15.5% per annum from March 31, 199, 15% per annum from October 18, 2005, 14.5% per annum from September 25, 2009, and 13.5% per annum from October 22, 2010.
The rate of delay compensation applied to the Plaintiff is 18.5% per annum from the date of loan, 21.5% per annum from December 22, 1997, 26% per annum from March 2, 1998, 21% per annum from October 19, 198, 18% per annum from January 25, 199, 18% per annum from January 25, 199, and 17% per annum from December 30, 201.
On January 4, 1999, the defendant merged Korea-Japan Bank.
The defendant new credit of Radar around September 2009.