1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C organization (hereinafter “C”) granted a loan of KRW 1,656,390 to the Defendant who is not a partner on August 24, 2004, with the repayment date fixed on February 24, 2014.

(hereinafter “instant loan”). (b)

The Defendant paid part of the principal and interest of the instant loans to C by February 2009, but was in arrears and lost the benefit of February 25, 2009.

C. On December 17, 2013, C transferred the claim for the instant loan to the Plaintiff, and notified the Defendant of the transfer of the claim at that time.

The claim for the instant loan remains 656,029 won as of January 9, 2019 (i.e., principal amount of KRW 241,892).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the remaining loan of this case and interest thereon to the plaintiff, unless there are special circumstances.

B. The Defendant’s assertion 1) The Defendant’s claim on the instant loans constituted commercial claims, and the period of extinctive prescription had already expired five years before the Plaintiff filed the instant lawsuit. (2) According to the former DD (amended by Act No. 7240 of Oct. 22, 2004), C is a non-profit corporation with the aim of enhancing the common interest and promoting the sound development of its members. The purpose of C is to enhance the agricultural productivity of its members, to promote the expansion of markets for agricultural products produced by its members and the activation of distribution sources, and to provide the necessary technologies, funds, information, etc. to its members, thereby raising the economic, social, and cultural status of its members. However, C’s lending of funds to its members is deemed as a profit-making act, and it is limited to the interest income of non-members.