A. Until December 31, 2003, Plaintiff B engaged in the automobile machinery processing business under the trade name “D”, and thereafter, Plaintiff B engaged in the said business with the trade name “F” using the name of “F” in the same name. Plaintiff A is the wife of Plaintiff B.

The defendant is a merchant who runs one's own business in the trade name of "G".

B. On June 16, 2003, the defendant lent KRW 40,000,00 to the plaintiff B, and the plaintiff A guaranteed the above loan obligations against the defendant of the plaintiff B.

C. On February 7, 2013, the Defendant filed an application with the U.S. District Court for a payment order of KRW 40,000,000 against the Plaintiffs on the following grounds: (a) on February 13, 2013, the court issued the payment order (hereinafter “instant payment order”); and (b) on February 13, 2013, the instant payment order became final and conclusive around that time.

On September 10, 2013, and October 2, 2013, based on the executory exemplification of the instant payment order, the Defendant attempted to seize corporeal movables in the place of business located in Ulsan Northern District, as the court’s 2013Du3290, based on the executory exemplification of the instant payment order. However, the instant corporeal movables was not seized because it was impossible for the owner of the said corporeal movables to specify whether they are Plaintiff B or not.

[Grounds for recognition] Gap evidence Nos. 1, 3, 6, Eul evidence Nos. 1-1, 2-2, the purport of the whole pleadings

2. Determination

A. Not only a claim arising from an act of a commercial activity for both parties, but also a claim arising from an act of a commercial activity that constitutes only one of the parties, constitutes a commercial claim to which the extinctive prescription period of five years under Article 64 of the Commercial Act applies. Such a commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also the auxiliary commercial activity that merchants carry on for business

(see, e.g., Supreme Court Decision 93Da54842, Apr. 29, 1994). In addition, Article 47(1) of the Commercial Act provides that “by a merchant for his/her own business.”