1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 17, 2000, the Youngdong Community Credit Cooperative established a loan of KRW 25 million as a general household loan to the Defendant, who is its member, on November 17, 2000, with an annual interest rate of KRW 13.3% per annum, and an overdue damages rate of KRW 20% per annum (hereinafter “instant loan”).

B. On June 28, 2013, the above community credit cooperatives transferred the Plaintiff’s claim for the instant loan, and notified the Defendant of the said transfer on June 23, 2014 and notified the Defendant thereof at that time.

C. As of December 13, 2015, the unpaid principal out of the instant loans is KRW 23,226,883, and overdue interest is KRW 28,656,216.

According to the regulations on the management of the credit recovery fund entrusted claim, which is the business regulations of the plaintiff, the plaintiff applies 17% per annum to the overdue interest rate of the purchase claim within the limit of the original agreed interest rate.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5, and 7 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff interest calculated at the rate of 17% per annum from December 14, 2015, which is the day following the final date of calculating interest, to the Plaintiff’s principal and interest of KRW 51,83,09 and its principal and interest of KRW 23,226,883, barring special circumstances.

B. The defendant's defense of extinctive prescription is proved to have expired due to the completion of extinctive prescription against the claim of this case.

On the other hand, a claim arising from an act of a commercial activity for both parties as well as a claim arising from an act of a commercial activity for either of the parties as well as a claim arising from an act of a commercial activity is also a commercial claim to which the effective period is applied in the five-year period specified in Article 64 of the Commercial Act. The commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also the ancillary commercial activity that a merchant performs for business purposes. Therefore, a member who has been loaned