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(영문) 서울중앙지방법원 2016.10.26 2016가단53426
연체이율부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 7, 2010, the Plaintiff entered into a housing loan agreement with the Defendant with the following content:

(hereinafter “the loan agreement of this case”). The amount of loan of this case : The interest rate of 537,000,000 won for house purchase: 1.2% (19% per annum per annum for delay payment) of the new COFIX base rate (property at the rate of every six months) during the month: the principal shall be 10 years from the date of loan commencement, and the principal shall be repaid in installments from May 7, 2020 to each one month, and the interest shall be paid every one month from the date of loan commencement (hereinafter “ordinary interest”). If the interest is not paid on the fixed date, compensation for delay shall be paid immediately to the amount to be paid.

(Article 7(1) of the Contract (hereinafter referred to as “interest for delay”). When the benefit of time is lost pursuant to Article 7 of the Basic Terms and Conditions for Credit Transactions between Agricultural Cooperatives and Agricultural Cooperatives, damages for delay shall be paid immediately to the balance of the loan from that time.

(W) Article 7(2) of the Written Contract (hereinafter “Agreement”). If the overdue interest rate under this Agreement does not exceed 30 days for the remainder of the loan, 6% shall be added to the debtor’s loan interest, 7% shall be added if the overdue interest period is not less than 30 days but not more than 90 days, 9% shall be added to the debtor’s loan interest, and if the overdue interest period is not less than 91 days, 9% shall be added thereto, and the overdue interest

(Article VII, Section 4). (b)

The Plaintiff borrowed KRW 537,00,000 from the Defendant in accordance with the instant loan agreement. On May 27, 2010, the Plaintiff granted the Defendant a loan of KRW 537,00,000, and registered the establishment of a mortgage over KRW 644,00,000 with respect to B Apartment 102, and 704, Gangseo-gu Seoul, Seoul.

C. Article 7(2) of the Defendant’s Bank Credit Clause provides that “The Defendant’s loan against mortgage shall continue to be made for one month from the time when the obligor pays interest, etc.

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