1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

1. Basic facts

A. On January 14, 2002, the head of the Seoul Saemaul Bank loaned a loan of KRW 27 million to the Defendant, a member, on January 14, 2005, for the purpose of general household funds. ② On November 4, 2002, the amount of KRW 30 million was determined on November 4, 2002 as general household funds: interest rate of KRW 7% per annum; interest rate of KRW 19% per annum; and date of redemption on November 4, 2007.

B. On July 3, 2007, the Long-Term Saemaul Savings Depository transferred each of the above loans claim (hereinafter “each of the loans claim of this case”) to the Federation of Community Credit Cooperatives, and on April 18, 2014, the Federation of Community Credit Cooperatives transferred each of the loans claim of this case to the Plaintiff. Each of the transferor of the claims notified the Defendant of the assignment of claims on August 20, 2014, and the notification of the assignment of claims in which the declaration of intention of each of the assignment of claims was sent to the Defendant around that time.

C. As to the Defendant’s loan as of January 14, 2002, the principal amounting to KRW 24,990,000 and KRW 30 million in relation to the loan as of November 4, 2002 remains.

On December 22, 2014, the Plaintiff filed an application with the Defendant for a payment order claiming the payment of each principal and interest of the instant case as Seoul Southern District Court 2014 tea26900, and the payment order reached the Defendant on March 12, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The parties' assertion and judgment

A. As to the Plaintiff’s respective claims for the principal and interest of loans of this case, the Defendant asserts that each of the loans of this case has expired by the lapse of the five-year commercial statute of limitations as a commercial obligation, and the Plaintiff asserts that the ten-year civil statute of limitations has not yet expired since each of the loans of this case is a civil obligation.

B. (1) Determination (1) The extinctive prescription period under Article 64 of the Commercial Act shall apply to a claim arising from an act falling under a commercial activity as well as a claim arising from an act that has been conducted on both parties as well as a claim arising from an act that constitutes a commercial activity.