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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. On November 1, 201, the Plaintiff asserted that the Plaintiff borrowed KRW 435,00,000 from the Defendant to purchase apartment buildings located in the household (hereinafter “instant loan”) (hereinafter “instant loan”), and that the Defendant has given notice from July 7, 2014 that the Plaintiff lost its interest on the loan due to the delayed payment of the interest on the loan by telephone or text message several occasions.
According to Articles 7 and 17 of the Defendant’s Basic Terms and Conditions for Credit Savings Credit Transactions, the Defendant’s notice of loss of the benefit of time is made by mail, and thus, the Defendant’s notice of loss of the benefit of time is invalid in violation of the above provisions, and even if not, the Plaintiff’s continued to impose overdue interest without restoring the due date even though the Plaintiff deposited KRW 14 million on July 11, 2014, is unfair, and the base date of loss of the benefit of time is on July 11, 2014, three business days after the date of notification of loss of the due date. Thus, the Plaintiff’s excessive overdue interest should be returned as unjust enrichment.
2. Determination
A. Under the agreement, the Plaintiff agreed to apply the maximum annual rate of 22% per annum applying Article 3(5) of the General Terms and Conditions for Credit Union Credit Union Credit Transactions to the base rate of 0.2% per annum.
The Plaintiff paid interest on the instant loan on the first day of each month, but from June 2014, the Plaintiff failed to pay the entire amount of KRW 1,865,730 (31 days from May 1, 2014 to June 31, 2014) to the balance of the passbook 314,796 won due to the omission of financial standing from June 2, 2014.
Article 28(1) of the former Act provides that “The Plaintiff shall pay 50,000 won in advance on June 25, 2014, and shall pay 49,410 won in total among the average interest for 26 days from May 6, 2014 to the 31st day of the same month and 17,940 won for overdue interest for 16 days (from June 9, 2014 to the 24th day of the same month) and the average interest for 8 days (481,470 won) among the normal interest.
On June 9, 2014, which was the starting date of overdue interest.