過払い請求の訴訟中です。

質問と回答
  • 過払い請求の訴訟中です。(本人訴訟しています) 過払い金請求の「期限の利益の喪失について」に反論するための準備書面を作成中で、 1点疑問があります。 色々なサイトを見ていると、反論内容の1つに、 「約定利率と約定遅延損害金金利は同率である」といったものを見かけます。。 これは、どういった意味なのでしょうか。 文章通りの契約内容ということでしょうか? 私の場合、当時(平成8年)のアコムの契約書を確認すると、 以下のようにそれぞれ異なりますので、上記の反論文は準備書面に書けないという認識です。 借入利率28.47% (約定利率と同意ですよね。) 遅延損害金 年率36.5% なにか、特別な計算方法があるのでしょうか? ご教授いただければ幸いです。 よろしくお願いいたします。
  • 何の反論で使われているのか知りませんが、あなたと事情が異なるならそんなサンプルは使えないというだけの事です。 そもそも約定利率と約定遅延損害金金利の誤差を主張しなければならない場面なんて、想像もできませんが、あなたは、どんな場面で、どうして必要があると感じてるのでしょうか? 返済を遅延したことがあるので、その日以降は期限の利益を失っているなどと主張をされて、あわてているのでしょうか? その場合は、期限の利益喪失約定による一括請求をしていないだろう、過払請求された途端に主張を始めるのは信義則に反するだろう、などといった主張で(それでいいという意味じゃありませんが)跳ね返せばいいだけで、約定利率と約定遅延損害金の金利は同じだった、などという話をでっちあげる必要はありません。

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