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1. The claim of this case is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. In relation to the ownership of real estate, Plaintiff B was the owner of Ilyang-dong Dong-gu E 229.9 square meters and above-ground buildings (hereinafter “instant real estate”) and the underground floor 01 square meters of buildings located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F (hereinafter “F building”).
B. (1) On March 2, 2012, Nonparty G entered into a loan transaction agreement to obtain a loan of KRW 480,000,000 with the Hansan Credit Union, and the Plaintiff B jointly and severally guaranteed the above loan obligations.
Under the loan transaction agreement above, the damages rate shall be specified as follows:
(C) On March 7, 2012, with respect to the real estate and the building in this case owned by the Plaintiff and the building in this case, the establishment of a mortgage (hereinafter “mortgage”) was registered on March 7, 2012, at the rate of damages for delay (Article 3(5) of the General Terms and Conditions on Credit Transactions (Article 3(5) of the General Terms and Conditions on Credit Transactions: (12.5) above 30 days in arrears and 90 days in arrears: (12.5) above 90 days in arrears: (12.5) above 12.
(2) Thereafter, on March 5, 2014, G entered into an agreement on the postponement of loan transactions with the said union. The interest rate is the base rate of three-month change cycle with the first 5.5% per annum. The interest rate for delay stated the purport that the interest rate calculated by adding 20% to 30 days in arrears as follows. However, the portion exceeding 30 days in excess of 30 days was placed in the left box and left in the blank column.
The late payment penalty rate (Article 3(5) of the General Terms and Conditions on Credit Transactions) No more than 30 days in arrears: (20) more than 30 days in arrears but not more than 90 days in arrears: (1) more than 90 days in arrears: (20) more than 1% in arrears: (3) more than
C. On December 10, 2014, the Defendant’s claim for loans and the instant right to collateral security was transferred to the Michuhol Credit Union on the ground of corporate merger.