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(영문) 서울중앙지방법원 2016.03.31 2015가단5044468
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 44,489,144 as well as KRW 20,390,889 among them, from February 13, 2015.

Reasons

1. The facts in the separate sheet concerning the determination of the cause of the claim may be acknowledged either clearly or comprehensively considering the purport of the entire pleadings in each of the statements in Gap evidence 1 to 7.

Thus, the defendants are jointly and severally liable to pay the money stated in the order to the plaintiff, unless there are special circumstances.

2. Determination as to the defendants' defense of extinctive prescription

A. The Plaintiff’s claim was extinguished upon the lapse of five years’ extinctive prescription.

B. According to the relevant provisions of the Credit Union Act, a credit union is a non-profit corporation established for the purpose of improving its members’ economic and social status through the sound fostering of the credit cooperative organization based on the common bond, and contributing to the development of the regional economy by providing financial convenience to local residents. As such, the act of a credit union lending funds to its members cannot be deemed as an act of profit-making in general (see, e.g., Supreme Court Decision 98Da10793, Jul. 10, 1998). Since there is no evidence to acknowledge that a credit union’s loans to Defendant A of the central credit cooperative of this case that the Plaintiff acquired against the Plaintiff constituted commercial claims, the statute of limitations of civil claims shall apply

However, according to the evidence evidence No. 5-2 (Agreement on Loan Transactions) of this case, it can be known that the maturity date of the loan claim of this case is November 3, 2006. Since the lawsuit of this case was filed on February 27, 2015, which was before the lapse of 10 years from the lawsuit of this case, the defendants' assertion is without merit.

3. The plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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