청구이의
1. The defendant's compulsory execution based on the original copy of the payment order against the plaintiff in this court 2017 tea 93 is denied.
2...
1. On July 1, 2003, the Plaintiff was granted a loan of KRW 10,00,000 from the Defendant, and the Plaintiff did not repay it, and the Defendant applied for a payment order against the Plaintiff on March 28, 2017, and received a payment order order on April 21, 200, and confirmed on April 21 of the same year by the Defendant.
2. The plaintiff and the defendant's assertion that the plaintiff are non-member of the defendant's credit cooperative and the plaintiff's claim on the above payment order against the plaintiff was terminated by the extinctive prescription of five years under Article 64 of the Commercial Act as commercial claims, and thus, the extinctive prescription of the defendant's claim on the above payment order against the plaintiff has been applied. Thus, the payment order on the above order against the plaintiff was erroneous and the defendant filed a non-performance of compulsory execution based on the original copy of the above payment order. Since the plaintiff borrowed the above loan from the defendant's credit cooperative as a member of the defendant's credit cooperative, the extinctive prescription has not been completed because the ten-year prescription of the Civil Procedure
3. Determination. According to the purport of Gap evidence No. 2 (payment order) and the argument, the plaintiff borrowed 10,000,000 won as a general loan agreement from the defendant's credit cooperative on July 1, 2003, with the interest rate of 10.5% on July 10, 2003 and the interest rate of 17% on July 10, 2008, and it is recognized that the plaintiff failed to pay interest after February 16, 2006.
In a case where the Saemaeul Credit Cooperatives, such as Defendant Credit Cooperatives, extended loans not only to non-member but also to members such as members, etc., profit-making is recognized in light of the size, purpose, interest rate, place of use, etc. of loans, such loans are commercial claims, which constitute a commercial activity, and the period of extinctive prescription under Article 64 of the Commercial Act is applied. Thus, the above loans to the Plaintiff by Defendant Credit Cooperatives.