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(영문) 서울중앙지방법원 2016.05.04 2015가단5044215
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 13,661,094 and KRW 9,831,828 among them, 17% per annum from February 13, 2015 to the date of full payment.

Reasons

1. According to the evidence Nos. 3, 4, 5, and 9 of the judgment as to the cause of the claim, the facts as stated in the separate sheet (the date of loans April 19, 2002, the maturity of April 19, 2005) can be recognized. Thus, the defendant is liable to pay the Plaintiff the money as stated in the order.

2. The defendant's defense is judged on April 19, 2005, because the maturity date for the claim for the loan of this case is about April 19, 2005, and the above claim is proved to have expired by the prescription period exceeding the five-year statute of limitations prior to filing the lawsuit of this case

On April 19, 2005, the maturity of the instant loan claims is as seen earlier. However, according to the provisions of the Community Credit Cooperatives Act, community credit cooperatives are non-profit corporations aimed at raising and using funds, improving the economic, social, and cultural status of the members, contributing to the development of the national economy and the development of the national economy through the improvement of the economic, social, and cultural status of the members and the development of the local community based on the unique spirit of mutual aid in Korea. Thus, community credit cooperatives’ lending of funds to members of the community is not generally for profit-making purposes. However, if a member who has received a loan from community credit cooperatives received a loan from a merchant for its business, the loan claims should be regarded as commercial claims.

(See Supreme Court Decision 98Da10793 Decided July 10, 1998. However, in the instant case, there is no evidence to deem that the Defendant received the instant loan on behalf of a merchant as a national community credit cooperative, and thus, the period of extinctive prescription is ten years, not for commercial matters, rather than for the period of extinctive prescription. It is obvious that the instant lawsuit was filed on February 27, 2015, which was ten years from April 19, 2005, before the said loan was completed. Accordingly, the Defendant’s defense is without merit.

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