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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 70,597,159 and KRW 33,814,772 from February 8, 2018 to February 13, 2018.
Reasons
1. Chief;
A. The grounds for the plaintiff's claim are stated in the annexed sheet.
B. The defendant's assertion defendants recognize the plaintiff's ground of claim.
However, the Plaintiff is a financial company established under the Commercial Act, and is subject to the Commercial Act, and the Plaintiff’s claim for indemnity against the Defendants is a commercial bond subject to the Commercial Act. The Plaintiff is entitled to exercise its claim (the Plaintiff asserts that the period of extinctive prescription is in progress from May 31, 2010, the date of subrogation for Defendant A, and from March 30, 2010 for Defendant B (the Defendant C is a joint and several surety of the said Defendants, and the said Defendants and the period of extinctive prescription is the same.
(B) On February 9, 2018, more than five years ago, the Plaintiff’s claim for reimbursement was extinguished by prescription.
2. The term "market commercial activity" refers to an act prescribed by any subparagraph of Article 46 of the Commercial Act for profit-making purposes, or an act performed by a merchant for business purposes. Since a merchant refers to a person who engages in a commercial activity under his/her own name, in order to be deemed a commercial claim by the plaintiffs, a credit guarantee provided by the plaintiff to the defendants constitutes an act prescribed by any subparagraph of Article 46 of the Commercial Act for profit-making purposes
However, the Plaintiff’s credit guarantee for farmers and fishermen, etc. is provided by the Act on the Credit Guarantee for Farmers and Fishermen for the purpose of facilitating farming by guaranteeing their debts when farmers, who lack security capability, receive the loans for farming funds. Therefore, the mere fact that the fixed fees are paid does not constitute profit-making acts.
In addition, the plaintiff must serve as a maximum for its members and shall not engage in the business for profit or speculation (Article 5(1) and (3) of the Agricultural Cooperatives Act). Thus, even if the plaintiff's business includes receiving credit and other financial transactions, the plaintiff can be deemed as a merchant under the Commercial Act.