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(영문) 서울중앙지방법원 2017.03.22 2016나58866
양수금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 10,020,913 and its KRW 4,569,381 among the Plaintiff, the Defendant shall on October 2015.

Reasons

1. Basic facts

A. On September 12, 2002, the Taedong Saemaul Fund (former title “Gangbuk Saemaul Fund,” regardless of whether before or after the change of name, hereinafter “Seodong Saemaul Fund”) granted loans to the Defendant on September 12, 2002 at the interest rate of KRW 5,00,000 per annum 17% per annum, interest rate for delay, 17% per annum, and date of redemption as of September 12, 2003

(hereinafter “instant loan”). (b)

On August 12, 2013, the Taedong 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 Taedong Saemaul Fund, and notified the Defendant of the transfer of the said claim on June 23, 2014, and the notification was delivered to the Defendant around that time.

C. As of October 21, 2015, the principal and interest of the instant case as of October 21, 2015 are 10,020,91 won in total, including the principal and interest of KRW 4,569,381, interest or delay damages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the principal and interest of the loan of this case to the plaintiff who acquired the loan of this case, unless there are special circumstances.

B. 1) The Defendant’s assertion as to the defense of extinctive prescription 1) asserts that the instant loan claim is a commercial claim and the five-year extinctive prescription has expired. In this regard, the Plaintiff, as a non-profit corporation, implemented the instant loan to the Defendant, who is its member, which is the Defendant. As such, the instant loan claim constitutes a civil claim that is not a commercial claim, and thus, the ten-year extinctive prescription is applied. The Defendant’s repayment of KRW 100,000 on December 30, 2005 to the Taedong Saemaul Depository, which was suspended by the Defendant’s application for the instant payment order before the elapse of 10 years thereafter, and accordingly, the extinctive prescription has not been expired. 2) According to all the provisions of the Community Credit Cooperatives Act, the community credit cooperatives in Korea have the inherent spirit of mutual aid in Korea.

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