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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On September 24, 2004, Plaintiff A offered real estate owned by the Defendant as security and borrowed KRW 930,000,000 from the Defendant as loans from October 6, 2004 to October 6, 2007, interest rates under Article 3(2)2 of the General Terms and Conditions for Credit Union Credit Transactions (hereinafter “Terms and Conditions”), the first application rate is 6.5% per annum (=6.5% per annum per annum of interest rate).
B. On October 12, 2006, Plaintiff B offered real estate owned by Plaintiff A as security and borrowed KRW 44,000,000 from Defendant during the lending period from October 17, 2006 to October 17, 2011, the change rate under Article 3(2)2 of the interest rate terms and conditions, the first application rate of 6.4% per annum (=the base rate of 6.0% per annum 0.4% per annum).
C. On May 22, 2009, Plaintiff C offered real estate owned by the Defendant as security and borrowed KRW 60,000,000 from the Defendant as loans from May 28, 2009 to May 28, 2012, the interest rate under Article 3(2)2 of the Interest Rate Terms and Conditions, and the first application rate of 7.0% per annum (=6.5% per annum per annum of base interest rate).
Plaintiff
A and C have extended the term of loan after the expiration of each loan period until now, and Plaintiff B repaid the principal and interest of loan on February 10, 201.
E. The Bank of Korea standard interest rate at the time of the Plaintiffs’ lending contract is as follows, and the average interest rate at the time of Plaintiff C’s lending contract is 5.25% per annum.
Plaintiff
A at the time of the loan contract: 4.5% per annum at the time of the loan contract of Plaintiff C: 2.0% per annum at the time of the loan contract of Plaintiff C: The rate of interest, etc. and damages for delay. ② The debtor may select and apply one of the following subparagraphs at the time of the contract:
1. In principle, the community credit cooperatives shall not change the interest rate until the fulfillment of the obligation is completed;
2. The case where the community credit cooperatives may change the interest rate from time to time until they complete the discharge of obligation.