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1. The vice branch court of the Incheon District Court prepared a case concerning C real estate auction as of May 30, 2018.
Reasons
1. Facts of recognition;
A. On December 28, 2010, the Plaintiff borrowed 420,000,000 won from the F Association with respect to D Apartment E (hereinafter “instant real estate”) on the ground of sale and purchase as of November 27, 2010, after completing the registration of ownership transfer in the future, on December 30, 2010, from F Association (hereinafter “F Association”) on the ground of the registration of ownership transfer on the ground of the purchase and sale as of November 27, 2010.
The loan transaction agreement drawn up between the plaintiff and the FF association at the time includes the following contents:
Article 1. Commencement Date of Lending Terms and Conditions of Transaction: On December 30, 2010, expiry date of the lending period: 30 December 30, 2013 (Application of Article 3(5) of the Framework Terms and Conditions of Credit Transactions): A differential application, such as the maximum annual damages for delay Article 21% (Application of Article 3(5) of the Framework Terms and Conditions of Credit Transactions): (1) The rate of damages for delay and the special indemnity rate under this Agreement shall be applied differently according to the period
1. The period of arrears is less than one month (not more than 30 days): The debtor's loan interest rate: Provided, That the loan of policy funds shall be 1%;
2. The period of arrears is not less than one month but less than three months (not less than 31 days but not more than 90 days): The debtor's loan interest rate: Provided, That the loan of policy funds shall be 1%;
3.The period in arrear is not less than 3 months (not less than 91 days): The debtor loan interest rate; Provided, That (2) the policy loan rate is less than 12% per annum (in the case of a partner, not more than 30 days, not more than 12% per annum, not more than 90 days, not more than 13% per annum, not less than 91 days, and not less than 15% per annum, it shall be applied as 15% per annum (in the case of a partner, not more than 30 days, not more than 12% per annum, not more than 90 days, not less than 91 days, not less than 15%) and shall be applied as 21% per annum if the amount exceeds 21% per annum.
Article 7 If a special contract for the extension of the term of a loan is not repaid by the expiration date of the term of a loan under Article 1, the Financial Cooperative may extend the term of the loan on an annual basis, without obtaining a separate written consent for extension from the principal, if it is determined that the extension is possible through a credit investigation and credit review for the principal.
B. The Plaintiff around February 1, 2017.