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(영문) 서울중앙지방법원 2015.10.02 2015가단5103947
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 85,66,311 and KRW 45,137,729 among them:

B. The defendant A is jointly and severally liable with the defendant.

Reasons

1. The facts in the separate sheet concerning the cause of the claim are recognized in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 9. Thus, the defendants are obligated to pay the money recorded in the order to the plaintiff, except in special circumstances

2. Determination as to Defendant B’s defense of extinctive prescription

A. Of the claims indicated in the grounds of the claim, the ten-year extinctive prescription of the claim transferred to the Plaintiff by the Dong-dong Saemaeul Community Fund was completed.

B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 8 and 10, Defendant A borrowed 7 million won from the Gwangjin-gu Saemaul Bank of Korea on October 24, 2001 at the rate of 10.9% per annum and interest rate of 19% per annum. At the time, Defendant B guaranteed the above loan obligation, Defendant A and B entered into an agreement to change the credit conditions with the Dongdong-dong Saemaul Bank of Korea on October 24, 2006, and Defendant A lost the benefit of time due to the failure to pay interest on the loan after May 26, 2005.

According to the provisions of the Community Credit Cooperatives Act, community credit cooperatives are non-profit corporations with the purpose of raising and using funds, improving the economic, social and cultural status of members, and contributing to the sound national spirit and the development of the national economy through community development on the basis of the unique spirit of mutual assistance in our country. Therefore, it is difficult to view that community credit cooperatives’ lending of funds to members of credit cooperatives generally for profit-making activities

(Supreme Court Decision 98Da10793 delivered on July 10, 1998). Accordingly, the loans owed to Defendant A by the Dong-dong Saemaul Community Depository is a general public-private partnership claim, and there is no other evidence to acknowledge that the loans fall under commercial claims, so the extinctive prescription period of civil claims shall be ten years.

However, the instant lawsuit was filed before the lapse of 10 years from May 26, 2005, when Defendant A lost the benefit of time.

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