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(영문) 서울중앙지방법원 2016.11.29 2016가단5176485
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts stated in the attached Form No. 1, which the plaintiff asserted as the cause of the claim in this case, do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each of the records No. 1, No. 4.

Therefore, barring any special circumstance, the Defendant is jointly and severally liable with B to pay to the Plaintiff the total sum of KRW 10,113,191 as well as damages for delay calculated by the rate of 17% per annum from November 6, 2015 to the date of full payment with respect to KRW 2,015,199 as principal.

2. The defendant's defense is defense that the plaintiff's claim acquired has ceased to exist due to the expiration of the extinctive prescription.

However, according to the provisions of the Community Credit Cooperatives Act, since community credit cooperatives are non-profit corporations with the purpose of raising and using funds, improving the economic, social and cultural status of its members, and contributing to the cultivation of sound national spirit and the development of the national economy through community development on the basis of the spirit of mutual assistance unique to the Republic of Korea, it is difficult to view that community credit cooperatives’ lending of funds to its members is for profit-making purposes generally

(3) In light of the legal principles as seen earlier, the court below’s determination that the Defendant’s obligation was jointly and severally guaranteed by the Defendant, based on the following facts: (a) the Defendant was a member of the Young-gu community credit cooperative at the time of receiving the instant loan from the Young-gu community credit cooperative; (b) the Defendant was a member of the Young-gu community credit cooperative at the time of receiving the instant loan from the Young-gu community credit cooperative; and (c) the Defendant borrowed KRW 5 million from the Young-gu community credit cooperative on November 4, 1995 at the interest rate of 12% per annum; and (d) the due date of repayment on October 16, 1998.

In full view of the above facts and the above legal principles, since the loans of this case have been loaned to B with membership qualifications, the ten-year extinctive prescription period is applied under the Civil Act, and the repayment period is late.

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