청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that since the loan claim of this case against the plaintiff of this case is a commercial bond and the five-year extinctive prescription is applied, since the five-year period from the date following the date of the final repayment has already expired, compulsory execution based on the payment order stated in the purport of this claim should be rejected.
However, the defendant is a DDR established under the Credit Unions Act. Articles 1 and 2 of the Credit Unions Act provide that the defendant is a non-profit corporation established with the aim of contributing to the development of the regional economy by enhancing the economic and social status of its members and providing financial convenience to local residents through the sound fostering of E organizations based on the common bond of DDR. Thus, the act of lending funds to its members is not generally considered as commercial activities for profit-making purposes (see, e.g., Supreme Court Decisions 98Da10793, Jul. 10, 1998; 2004Da70475, Feb. 10, 2006); and there is no assertion or proof as to the fact that the plaintiff is a merchant.
Therefore, the period of extinctive prescription of the loan claim of this case is ten years as stipulated in the Civil Act. According to the records, the defendant applied for the above payment order before the expiration of the extinctive prescription of the above claim. Therefore, the plaintiff's assertion