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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On September 24, 2004, Plaintiff A offered real estate owned by the Defendant as security, and received loans from the Defendant at a rate of KRW 930 million from October 6, 2004 to October 6, 2007, with a rate of fluctuation under Article 3(2)2 of the Basic Terms and Conditions for Credit Union Credit Transactions, and the first applicable rate of KRW 6.5% per annum.
B. On October 12, 2006, Plaintiff B offered Plaintiff A’s real estate as security and was loaned KRW 44 million from the Defendant during the lending period from October 17, 2006 to October 17, 201, with the rate of fluctuation under Article 3(2)2 of the Framework Act on Credit Transactions of community credit cooperatives, and the first applicable rate of 6.4% per annum.
C. On May 22, 2009, Plaintiff C offered real estate owned by it as security and obtained a loan from the Defendant at a rate of KRW 60 million from May 28, 2009 to May 28, 2012, with a rate of fluctuation under Article 3(2)2 of the Basic Terms and Conditions for Credit Union Credit Transactions, and the first applicable rate of 7.0% per annum.
Plaintiff
A and C have renewed a loan contract after the expiration of each loan term, and have maintained the contractual relationship up to now, and Plaintiff B repaid the principal of the loan around February 10, 201.
E. At the time of the Plaintiffs’ lending contract, the Bank of Korea’s standard interest rate is as follows, and the average interest rate for the household security loans of the financial institution at the time of the Plaintiff C’s lending contract is 5.25%.
Plaintiff
A at the time of loan contract: 3.5% at the time of loan contract for Plaintiff B: 4.5% at the time of loan contract for Plaintiff C: 2.0% (based on recognition)
2. The fluctuation interest rate of the loan of this case claimed by the plaintiffs should be determined by adding the individual additional interest rate to the standard interest rate, which should be changed every three months according to the change in the standard interest rate of the Bank of Korea. However, the defendant did not apply the change interest rate to the plaintiffs every three months, and the defendant showed unfair behavior, such as receiving a higher rate when the standard interest rate of the Bank of Korea is lowered.