1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 27, 2004, the Plaintiff joined a partnership as a member.

B. On October 12, 2004, D Union lent KRW 10 million to the Plaintiff, a member of the Plaintiff, as the Plaintiff.

(hereinafter “instant loan”). Meanwhile, the Defendant merged with D Association on May 2, 2006.

C. On October 15, 2008, the Plaintiff applied for credit recovery support to E, and on December 9, 2008, the Plaintiff agreed to debt settlement including the instant loan debt.

However, the approval of credit recovery support was invalidated if the plaintiff did not pay the monthly repayment at all.

On December 6, 2018, the Defendant filed an application for a payment order with the Daejeon District Court as Daejeon District Court 2018 tea20904. On December 10, 2018, the said court issued a payment order with the purport that “the Plaintiff shall pay the Plaintiff KRW 4,091,213 and damages for delay calculated at the rate of 19% per annum from November 24, 2006 to the date of full payment” (hereinafter “instant payment order”). The said payment order was finalized on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff asserts that, although the statute of limitations was interrupted due to the debt settlement agreement with E on December 6, 2009, the claim of this case was already expired since the payment order of this case was applied for more than five years from the date the period of the statute of limitations under the Commercial Act was expired, the compulsory execution based on the payment order of this case should be denied. 2) In this regard, the Defendant asserts that the loan of this case should be subject to the ten-year civil statute of limitations since it was lent to members.

B. According to Articles 1 and 2 of the Credit Unions Act, credit unions shall improve the economic and social status of their members and provide local residents with convenience in finance through sound fostering of credit unions based on common bond.