The period of prescription of monetary claims against farmland improvement cooperatives of the Korea Agricultural Promotion Corporation;

Since the provisions of the Budget and Accounts Act shall apply mutatis mutandis to the period of extinctive prescription with respect to the rights of farmland improvement cooperatives or the rights to farmland improvement cooperatives, the extinctive prescription period of the mid-term user fee claim against farmland improvement cooperatives is five years.

Article 53 of the Agricultural Community Modernization Promotion Act, Article 71 of the Budget and Accounts Act

Attorney Kang Shin-young, Counsel for the defendant-appellant

Maritime Farmland Improvement Association

Gwangju High Court Decision 76Na260 delivered on October 5, 1977

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

1. The judgment of the court below is justified in the above measures after examining the records that the defendant union paid a sum of KRW 5,022,366 in several times up to July 31, 1974 and recognized the fact that the unpaid amount was 3,175,671, and the above adjustment decision of the usage fee was excluded from the usage fee calculation because it was concluded with the plaintiff Corporation (including the Federation of Land Improvement Cooperatives, which is the telegraph), the defendant association (including the land improvement cooperatives) and the defendant association (including the land improvement cooperatives, which is the telegraph), and the user fee was adjusted to KRW 8,198,037 until March 20, 1972, and the defendant union paid a sum of KRW 5,02,366 in several times until July 31, 1974.

2. Article 53 of the Agricultural Community Modernization Promotion Act provides that the provisions of Articles 71 through 73 of the Budget and Accounts Act shall apply mutatis mutandis to the period, interruption or suspension of the extinctive prescription to the farmland improvement association's right to request the discharge of monetary obligations, and Article 71 of the Budget and Accounts Act provides that the extinctive prescription shall expire when the right of the State or the State for the payment of money is not exercised for five years in a case where there is no provision in any other Act concerning the prescription. Article 72 of the Budget and Accounts Act provides that the provision of the Civil Act shall apply mutatis mutandis to the right of the State or the State for the payment of money, and if there is no provision in any other Act applicable to the suspension of prescription or other matters, the extinctive prescription to the money claim against the defendant association shall be five years in principle, and according to the record, it is obvious that the defendant association has asserted the extinctive prescription for five years in accordance with the above provision in the Budget and Accounts Act, and the decision of the court below is justified in recognizing the extinctive prescription prescription period as to the remaining payment of the defendant association's right.

Therefore, the appeal shall be dismissed and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Tae-won (Presiding Justice)