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

A. On October 2, 1999, the Saemaul 1 Dong-dong Saemaul 1 (hereinafter “Sdong Saemaul 1”) loaned to the Defendant 13.4% a year interest rate of KRW 135,00,000 as business funds, interest rate of KRW 22% a year, interest rate of KRW 22% a year, and interest rate of KRW 13.4% a year for repayment resources, monthly revenue and the expiration date of the loan period as of October 2, 2001. At that time, B provided the Defendant’s joint and several debt and offered real estate owned as security.

B. From the end of 1999, the Defendant leased one floor of the building on the land of Busan Southern-gu and operated a restaurant with the trade name “D”.

C. On December 7, 2005, the Busan District Court issued a distribution schedule that distributes the amount of KRW 42,914,523 to the community credit cooperatives, who are the applicant creditors and the right to collateral security, as well as the right to collateral security, in the Busan District Court E Real Estate Auction case, which commenced with respect to the real estate owned B upon the application of community credit cooperatives, and the community credit cooperatives received dividends

A claim for loans to the Defendant of community credit cooperatives against the Defendant was transferred in sequence to the National Federation of Community Credit Cooperatives on May 12, 2004, and around April 18, 2014, and the Plaintiff notified the Defendant of the fact that the claims were transferred to the Defendant on December 1, 2014 as delegated by the transferor.

[Ground of recognition] Confessions, Gap evidence 1 to Gap evidence 5, Eul evidence 3-1 to 3, and the purport of the whole pleadings

2. Determination as to whether the extinctive prescription of a loan claim has expired

A. As to whether the statute of limitations for commercial claims for loans applies, (1) since a restaurant business operated by the defendant runs a business in a merchant manner with stores or other similar facilities, the defendant is deemed a constructive merchant under Article 5 (1) of the Commercial Act.

However, in light of the fact that the Defendant borrowed a loan from the community credit cooperatives as business funds and repaid the loan with the income accrued from the operation of the business, at that time, the Defendant leased the building and started to operate the restaurant at that time.