2020Na12021 Money

A

B

Jeonju District Court Decision 2020 Ghana39432 Decided December 9, 2020

June 10, 2021

July 15, 2021

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. Purport of claim

The defendant shall pay 11,238,604 won to the plaintiff.

2. Purport of appeal

The same shall apply to the order.

1. Basic facts

(a)* An agricultural cooperative (hereinafter referred to as the “agricultural cooperative”) is not a member on May 2, 2010;

The repayment date of KRW 163 million was set on May 2, 2013 to the High Court (hereinafter referred to as "the loan of this case").

B. The Defendant paid part of the principal and interest of the instant loan to Nonghyup * by up to 2013, but lost the benefit of time due to delay.

C.* On March 24, 2020, agricultural cooperatives transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims around that time.

D. The instant loan remains in KRW 11,238,604 as of April 28, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. Determination on the cause of the claim

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

B. Judgment on the defendant's defense of extinctive prescription

1) The defendant's assertion

The claim for the loan of this case is a commercial claim and its extinctive prescription has already expired before the plaintiff files the lawsuit of this case for five years.

2) Determination

According to the former Agricultural Cooperatives Act (amended by Act No. 7240 of Oct. 22, 2004), the National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperatives Federation") is a non-profit corporation with the aim of promoting the common interest and the sound development of its members. The National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperatives Federation") is to enhance the agricultural productivity of its members and promote the expansion of markets for and facilitation of distribution of agricultural products produced by its members, and to enhance the economic, social, and cultural status of its members by providing technology, funds, information, etc. required by its members. The National Agricultural Cooperatives Federation is a member of a local association, item cooperative, item cooperative, and item cooperative federation with the aim of increasing the economic, social, and cultural status of its members. However, the lending of funds to its members constitutes a profit-making act, and it is reasonable to deem the lending of loans for the purpose of interest income to non-members who are not its members as a commercial activity. Accordingly, its claims constitute loans (see, e.g., Supreme Court Decision 2002Da63749, Jul.

As to the instant case, the facts that the Defendant was a non-member of the Agricultural Cooperatives Federation, and thus, the period of extinctive prescription is five years as commercial claims. Since the fact that the Plaintiff filed an application for the instant payment order on May 4, 2020 after the lapse of five years from the date of loss of the benefit of the term of the instant loan, it is apparent in the record that the said loan claim has expired by prescription. Accordingly, the Defendant’s defense is with merit.

3. Conclusion

Therefore, the plaintiff's claim shall be dismissed as it is without merit. However, since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance shall be revoked, and the plaintiff's claim shall be dismissed as per Disposition.

Justices Kim Jin-ray

Judges Kim Jin-ro

Judge Sponsorary Decree