양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts as stated in the separate sheet of claim and each of the changed causes of claim, are not disputed between the parties, or can be acknowledged according to the overall purport of Gap's statements and arguments.
According to the above facts of recognition, barring special circumstances, Defendant (Appointed Party) is obligated to pay damages for delay calculated at the rate of 15% per annum from January 3, 2018 to the date of full payment with respect to KRW 48,673,957 as well as KRW 11,825,430 as to KRW 32,449,30 as well as KRW 7,883,620 as to KRW 32,449,30 as well as KRW 32,449,30 as to KRW 7,883,620.
2. Determination as to the defendant (appointed party)'s assertion
A. Defendant (Appointed Party) asserts that, as a merchant operating the “G”, the Defendant (Appointed Party) is subject to the Commercial Extinctive Prescription as a receipt of the instant loan from the Gyeonggi-do Saemaul Bank of Korea (hereinafter “Korea Saemaul Depository”) for the business purpose of operating the G, and that, as the GF’s auction case of real estate established in the community credit cooperative for the purpose of securing the instant loan obligation, the Defendant’s claim for the instant loan has expired five years of extinctive prescription.
In light of the overall provisions of the Community Credit Cooperatives Act, when a community credit cooperative lends funds to its members, it is recognized that a community credit cooperative is a non-profit corporation with the purpose of raising and using funds, improving the economic, social, and cultural status of its members, enhancing the sound national spirit through community development, and contributing to the development of the national economy, and contributing to the development of the national economy. Thus, it is difficult for a community credit cooperative to view a lending of funds to its members as an act of profit-making (see, e.g., Supreme Court Decision 98Da10793, Jul. 10, 1998). According to the written evidence No. 4 and the whole purport of oral argument, it is recognized that the networkF is a member of the community credit cooperative.