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

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The assertion;

A. The Plaintiff’s instant money is the money that the Defendant, a real operator of C, borrowed from the Plaintiff to use as the company’s operating fund. Thus, the Defendant is obligated to return the instant money to the Plaintiff.

B. Defendant (1) is merely the money invested by the Plaintiff in C, and is not the money loaned by the Plaintiff to the Defendant, and the Defendant is not obligated to return the instant money to the Plaintiff.

(2) Even if the instant money, as alleged by the Plaintiff, is assumed to be the money jointly borrowed by C and the Defendant from the Plaintiff, the act of borrowing money from the merchant for business purposes constitutes a commercial activity. If so, five-year commercial statute of limitations applies to the Defendant’s obligation jointly borrowed the instant money from the Plaintiff. Since the statute of limitations has expired five years after August 11, 2004, the date of borrowing the instant money, the Defendant’s obligation to return the instant money to the Plaintiff was extinguished.

3. First of all, we examine whether the Defendant agreed to assume the responsibility to return the instant money between the Plaintiff and the borrower or the Defendant.

In the following circumstances, ① the instant money was deposited into a deposit account in the name of C, not the Defendant, ② the Plaintiff and the Defendant did not prepare any document regarding the responsibility to return the instant money, ③ the instant money was deposited into a deposit account in the name of C at the time when it was deposited into a deposit account in the name of C.