1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 4, 2009, Ligu Agricultural Cooperative (hereinafter referred to as the “Seoul Agricultural Cooperative”) loaned KRW 105,000,000 to the Defendant, a non-member, who was offered as security the No. 203 of the land No. 1 parcel other than the building No. 203, Nam-gu, Incheon, Seoul, as owned, for the purpose of interest income.

(hereinafter referred to as the "loan of this case"). (b)

In the above voluntary auction procedure as of January 13, 2012, Cho Jong-gu, as a mortgagee, applied for a voluntary auction of the said secured real estate to the Incheon District Court D on January 13, 2012, and received some of the principal and interest of the instant loan in the said voluntary auction procedure as of August 7, 2012.

C. On June 28, 2013, the Plaintiff acquired all of the principal and interest of the instant loan remaining from Pyeongtaek Nonghyup. The sum of the principal and interest of the instant loan as of January 16, 2018 is KRW 93,960,992 (= Principal KRW 43,949,48 KRW 50,01,504).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the allegations and the above facts, the Defendant is obligated to pay the Plaintiff the remaining principal and interest of loans of KRW 93,960,992, and delay damages for KRW 43,949,488 among them sought by the Plaintiff, barring any special circumstance.

In this regard, the defendant's defense that the extinctive prescription period of the principal and interest claim of this case has expired. Thus, the defendant's defense of the extinctive prescription period is reasonable, and the plaintiff's claim for the principal and interest claim of this case is a commercial claim that occurred from lending to the defendant who is non-members for the purpose of interest income like general financial institutions, and is a commercial claim for five years. On January 17, 2018, which the plaintiff applied for the payment order of this case, it is apparent that the period of extinctive prescription has already expired five years from August 7, 2012, which was subordinate to the above voluntary auction procedure, which was paid part of the principal and interest claim of this case, and the plaintiff's claim is therefore groundless.

3. Therefore, the plaintiff's claim is reasonable.