beta
(영문) 서울중앙지방법원 2016.03.09 2015나48435

양수금

Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall be co-defendant A, D, E, and . of the first instance trial.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: the last 4th of the judgment of the court of first instance, “a loan claim” was added to “a loan claim of the community credit cooperative of this case (hereinafter “instant community credit cooperatives”); the fifth 6th 6th 6th 6th 6th 6th 3th 6th 3th 6th 3th 6th 6th 3th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6

2. The part 2) Defendant C’s assertion that the statute of limitations defense against the above loan claim has expired by the statute of limitations.

The purpose of this paper is to enhance the agricultural productivity of its members and to promote the expansion of markets for agricultural products produced by its members and the facilitation of their distribution, and to enhance the economic, social and cultural status of its members by providing technology, funds, information, etc. necessary for its members. As such, a local agricultural cooperative, such as a new-sea agricultural cooperative, is a non-profit corporation with the aim of increasing the economic, social and cultural status of its members by providing them with technology, funds

However, it is reasonable to see that lending for the purpose of earning interest from non-members who are not members is a business of extending loans under Article 46 subparagraph 8 of the Commercial Act, and thus, lending for the purpose of earning interest from non-members constitutes commercial claims.

According to the results of the fact-finding on the agricultural cooperative in the new South and North Korea, the new agricultural cooperative in the first instance court, which is a non-member of the cooperative on June 14, 2003, provides a loan to A for farming and production purposes. In light of the above legal principles, the agricultural cooperative in the new South and North Korea has been examined.