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(영문) 서울남부지방법원 2015.12.24 2015가합2684
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 27, 2004, the Saemaul Bank entered into a loan transaction agreement with the Defendant with the general subject of the loan (limit) amounting to KRW 250,000,000,000 from the date of the loan, February 27, 2004 from the expiration date, February 27, 2006, the interest rate of KRW 1% per annum, the interest rate of KRW 20% per annum, and the interest rate of KRW 20% per annum (hereinafter “instant loan transaction agreement”), and C jointly and severally guaranteed this agreement.

B. The Defendant failed to pay the principal and interest of the instant case upon the lapse of the repayment period, and the sum of the principal and interest of the instant loan as of October 29, 2014 is KRW 703,856,418.

C. On October 20, 2006, the Saemaul Savings Depository transferred the instant principal and interest of loan to the Federation of Saemaul Savings Depository. On April 18, 2014, the Saemaul Savings Depository transferred the instant principal and interest of loan to the Plaintiff.

B. On November 19, 2014, the Korean Federation of Saemaul Savings Depository delegated the power to notify the transfer of claims by the Saemaul Savings Depository to the Defendant.

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

2. The plaintiff asserts that the plaintiff sought payment of the principal and interest of this case to the defendant who is the debtor of the loan transaction agreement of this case, and the defendant asserts that the loan transaction agreement of this case constitutes commercial activities and 5 years have passed since the expiration date of the loan period.

3. Since the judgment community credit cooperatives are non-profit corporations aimed at raising and using funds, improving the economic, social, and cultural status of its members, and contributing to the development of the national economy through the development of local communities, it is difficult to view that the community credit cooperatives’ lending of funds to the "member" of a credit cooperative is generally for profit-making activities.

I would like to say.

(Supreme Court Decision 98Da10793 delivered on July 10, 1998). However, a nonprofit corporation is also its purpose.

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