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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On August 11, 1998, the Saemaul Savings Depository (the name of the Saemaul Savings Depository prior to the change: 20,000 won) granted a loan to the Defendant at the interest rate of 18.7% per annum, 22% per annum, and the repayment date of August 11, 1999 (hereinafter “instant loan”).
B. However, on June 28, 2013, the Saemaul Fund transferred the instant loan claims to the Plaintiff, and the Plaintiff was delegated with the authority to notify the assignment of claims by the Saemaul Fund, but notified the Defendant of the assignment of claims on May 18, 2016 and delivered the notification to the Defendant at that time.
C. As of November 11, 2015, the principal and interest of the instant loan is KRW 19,012,949 in total, the principal and interest of KRW 7,435,200 in principal and interest of KRW 11,577,749 in delay, and the overdue interest rate applied by the Plaintiff to the instant loan is 17% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the principal and interest of the instant loan to the Plaintiff, the transferee of the instant loan claim, except in extenuating circumstances.
B. One party's assertion on the defense of extinctive prescription is that the defendant, upon the request of the branch party B to lend the name of the branch party, made a small-scale contribution to the Saemaul Depository in the name of the defendant, and received a large amount of the loan of this case compared to the size of the investment. However, although the loan of this case exceeds the purport of the establishment of the community credit cooperative, the claim of this case is a commercial claim that occurred from commercial activities conducted by the Saemaul Treasury for profit-making purposes, and the period of five
The plaintiff, as a non-profit corporation, performed the loan of this case to the defendant who is a member of the Saemaul Bank, although it is not a merchant, the ten-year extinctive prescription is applied to the loan of this case as it constitutes a civil claim not a commercial claim, and ten-year prescription is applied to the loan of this case before the expiration of ten years from August 11, 199.