77Second, as regards the terms providing for the ‘risk charge’, the question arises whether the loan agreement concerned sets out transparently the reasons justifying the remuneration corresponding to that charge, since it is disputed that the lender is required to provide real consideration in order to obtain payment of that charge, apart from the fact of assuming the risk of non-repayment, which it is argued is already guaranteed by a mortgage. The lack of transparency, in the agreements at issue in the main proceedings, of the statement of the grounds justifying those terms also appears to be confirmed by the fact, noted in paragraph 29 of this judgment, that, in the present case, the lender proposed to the borrowers to replace the heading of those terms with ‘credit management charge’, without at the same time changing their content.
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