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(영문) 서울중앙지방법원 2016.11.29 2016가단5174915

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts stated in the attached Form No. 1, which the plaintiff asserted as the cause of the claim in this case, do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each of the records No. 1, No. 4.

Therefore, barring special circumstances, the Defendant is jointly and severally liable with B to pay to the Plaintiff the total sum of KRW 61,426,425 as well as the principal amount of KRW 30,000 and delay damages calculated by the rate of 17% per annum from April 5, 2016 to the date of full payment.

2. The defendant's defense is defense that the plaintiff's claim acquired has ceased to exist due to the expiration of the extinctive prescription.

The act of lending funds to members by a non-profit corporation, such as the first financial institution, the FFFFF agricultural cooperative (hereinafter “FFFFFF”) and the first non-profit corporation, is likely to generally be deemed to be an act of making a profit (see, e.g., Supreme Court Decision 98Da10793, Jul. 10, 1998). However, even if FFFFFF, even if it is a non-profit corporation, it is reasonable to view it as a commercial activity since it constitutes a business of lending loans to non-members for a long period of time under Article 46 subparag. 8 of the Commercial Act, as it constitutes a business of lending loans

According to the evidence mentioned above and the letter of credit transaction agreement of this Court as to FFFFF, B, the principal debtor, was a associate member of FFFFFF, having paid KRW 15,519 as of July 26, 1993, and became an associate member of FFFF. B, on October 25, 2004, with interest rate of KRW 30 million at 8.5% per annum and due date of payment as of October 25, 2007 (hereinafter “the instant loan”). The Defendant jointly and severally guaranteed the debt, and thereafter, the husband C, around November 6, 2007, has paid KRW 782,875 as interest on the instant loan to FFFF.

The above legal principles and legal principles.