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1. The Defendant: 5% per annum from December 12, 2013 to September 18, 2014 and September 19, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff received several loans from the Seoul Bank (hereinafter “Seoul Bank”), but the Road Traffic Authority, currently in office, helps the Defendant Bank to deposit a large amount of funds, received a proposal that the Plaintiff would give preferential treatment to the Defendant Bank to give a loan by giving preferential treatment to the Defendant Bank, and the Plaintiff would receive a new loan from the Defendant Bank in order to repay the existing loan to the Seoul Bank.
(2) Accordingly, on March 31, 2005, the Plaintiff entered the “market interest rate increase or decrease” (However, the column stating the rate of increase or decrease in interest rates is left public space, which is a type of “market interest rate increase or decrease” in the loan transaction agreement (Evidence A-1-1-2) owned by the Plaintiff. On the other hand, the loan transaction agreement (Evidence A-2-2) presented by the Defendant holding by the Plaintiff is written as “2” in the same loan transaction agreement (hereinafter referred to as “the loan agreement”) presented by the Defendant bank employees of the Defendant bank, which means “the increase or decrease in the market interest rate” as “the increase or decrease in the loan interest rate.” This appears to have entered into a loan agreement with the Defendant bank’s employees as of April 30, 2015 (hereinafter “instant loan agreement”).
(1) The “market interest rate” shall be based on the internal interest rate publicly announced by the banks based on the CD circulation rate, etc., but the internal interest rate shall be changed and applied at each changed cycle (three months or every six months, etc.).
(2) "Additional interest rate" shall be applied at the time of loan execution in accordance with the credit, collateral conditions, loan period, bank transaction conditions, etc. of the principal, but may be changed even before the expiration date of the loan if credit, collateral conditions, bank transaction conditions, etc. differ from the time of loan execution.
(3) As to each of the elements of the above interest rate in the instant loan agreement, the following are applicable.