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1. The defendant shall pay to the plaintiff KRW 36,98,755 and the amount of KRW 23,229,465 among them, from May 9, 2015 to the date of full payment.
Reasons
1. According to the reasoning of Gap's evidence Nos. 1 through 9, and according to this court's order to submit financial transaction information to the North Korean Remedy Saemaul Depository, the results of this court's order to submit financial transaction information, and the whole purport of pleadings, the facts of the reasons for the claim
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 36,98,755 as well as damages for delay calculated at the rate of 17% per annum from May 9, 2015 to the date of full payment of the principal and interest of KRW 23,229,465 as to the Plaintiff’s principal and interest.
2. Judgment on the defendant's defense
A. The defendant asserts that the extinctive prescription of the claim of this case has expired.
B. First, we examine the claims borrowed from the Saemaul Bank of the North Korean Remedy Day.
Since a community credit cooperative is a nonprofit corporation, it is difficult to view that a community credit cooperative loans funds to its members as an ordinary profit-making activity.
(See Supreme Court Decision 98Da10793 delivered on July 10, 1998). Moreover, there is no evidence to acknowledge that loans given by the North Korean Community Credit Union to the Defendant constitute commercial activities, such as that the Defendant received a loan as a merchant for business purposes.
Therefore, the period of prescription of the claim granted by the Saemaul Bank of North Korea to the defendant is ten years, which is the period of prescription of the general claim provided by the Civil Code.
According to the above evidence, it is recognized that the defendant extended a loan of KRW 10 million on September 27, 2001 by setting the date of the final repayment from the Saemaul Bank on September 27, 2001, and that the defendant lost the benefit of March 14, 2003 by failing to pay interest to the above Saemaul Bank on September 27, 2004, and that the defendant paid KRW 876,000 to the Saemaul Bank of Korea on June 30, 2005.
Therefore, it is reasonable to deem that the above repayment constitutes an approval of the obligation. Thus, the statute of limitations of the above claim was interrupted on June 30, 2005, and the plaintiff filed the lawsuit of this case on May 21, 2005, which was 10 years after the lapse of 10 years from the plaintiff.