양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B on December 9, 2004, the Fund loaned 200 million won interest rate of 7.5% per annum, 22% per annum, and 9 December 2006 due date for repayment. D and E provided water collateral in relation to C’s above loan obligations.
B. On April 1, 2005, the Defendant entered into a contract with B safe and C to grant the Defendant the discharge of the above loan obligations of C.
C. On March 12, 2007, B safe transferred the instant loan claims to the Federation of Community Credit Cooperatives, while the Federation of Community Credit Cooperatives transferred the instant loan claims to the Plaintiff on April 18, 2014, and notified the Defendant of the assignment of claims by each transferor on December 1, 2014.
The instant loan claims amounting to KRW 142,77,305 (= principal principal KRW 54,648,312 or delay damages amounting to KRW 88,128,93) as of December 24, 2014.
[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 4-1 to 3, Evidence No. 5, and the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant is obligated to pay 142,777,305 won to the Plaintiff, the assignee of the claim, as well as damages for delay of KRW 54,648,312, barring special circumstances.
B. The Defendant asserted that the claim for the instant loan is a commercial claim, and the period of extinctive prescription has expired since the lapse of five years from July 13, 2007, when the Plaintiff received the last payment through the distribution. Accordingly, the Plaintiff asserted that the period of extinctive prescription is ten years as a civil claim.
We examine whether the loan claim of this case is a commercial claim.
According to the provisions of the Community Credit Cooperatives Act, community credit cooperatives are non-profit corporations aimed at cultivating sound national spirit and contributing to the development of the national economy through raising and using funds, improving the economic, social and cultural status of members, and developing communities on the basis of the unique spirit of mutual assistance in our country.