대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
On May 7, 2001, the Plaintiff operating an entertainment drinking house under the trade name of “C” shall lend KRW 10 million to the Defendant on the condition that the Defendant is employed on the said main shop, and the above KRW 10 million was agreed upon by the Defendant to return at the time of his retirement. The Defendant, around July 2001, has no dispute over the fact that only he works on the said main shop, or can be recognized by the statements in subparagraphs A and 2.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 10 million and damages for delay.
In regard to this, the defendant not only paid the above loan but also the plaintiff's loan's claim is null and void under Article 20 of the former Act on Prevention of Prostitution, etc., and the five-year extinctive prescription under Article 64 of the Commercial Act has expired because it constitutes a claim arising from commercial activity.
A claim arising from an act that has both parties to a commercial activity as well as a claim arising from an act that has both of the parties to a commercial activity constitutes a commercial claim to which the five-year extinctive prescription under Article 64 of the Commercial Act applies. Such commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act, but also ancillary commercial activity that a merchant performs for his/her business (see, e.g., Supreme Court Decision 2009Da10098, Mar. 11, 2010). Meanwhile, Article 47(1) of the Commercial Act provides that “the act of a merchant on behalf of his/her business shall be deemed a commercial activity.” Article 47(2) of the Commercial Act provides that “the act of a merchant shall be presumed to
Therefore, in order to reverse such presumption, it is presumed that the act of the merchant whose business is not certain or not for the business, is conducted for the business, and the person who asserts other opposing facts is responsible to prove it.
A merchant who does not engage in the business of lending money.