채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 3, 2009, the Plaintiff entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with B Bank on a set of 9,000,000 won for a comprehensive passbook loan for the subject of credit, credit limit amounting to 9,00,000,000, interest rate of September 3, 2010, annual interest rate of 9%, and 22% per annum with overdue interest rate.
B. Article 9 of the Integrated Account Loan Regulations applicable to the credit transaction agreement of this case provides for the loan interest interest rate as follows.
Article 9 (Payment of Interest on Loans) (1) Interest on a loan shall be deducted from the deposit balance of the parent account or the balance of the loan shall be the cost on the following day from the settlement base date.
(2) Where a loan exceeds the lending limit due to the cost of the loan interest accrued before the fixed date, the overdue interest rate from the cost date shall apply only to the excess of the lending limit and the overdue interest rate shall apply to the remainder from the next cost
(3) Where the interest on a loan is overdue or the loan is not repaid on the agreed date due to the cost, etc. of interest on the loan before the agreed date, the interest shall be paid only until the following settlement date
C. On September 3, 2010, the Plaintiff entered into an additional agreement (hereinafter “instant additional agreement”) with B Bank on the date of expiry of the credit term of the instant credit transaction agreement, changing the credit term to September 3, 2011.
The current status of credit transactions from September 3, 2009 to April 27, 2012 indicated in the parent account of the instant credit agreement and additional agreement (Account Number C; hereinafter “instant account”) are as shown in the separate sheet of general deposit. In the instant account, the details of the withdrawal by B Bank from September 26, 2011 to September 25, 201 of the interest accrued until September 25, 2011 on loan obligations are indicated, and the details of the withdrawal by B Bank from the interest accrued on loan obligations are not indicated.
E. B Bank KRW 1,172,972,449 on July 15, 2012, as of July 13, 2012, with interest on loans under the instant credit transaction agreement and the instant additional agreement, to the Plaintiff.