약정금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. In full view of the reasoning of the judgment as to the cause of the claim No. 1 and the purport of the entire pleadings, it can be acknowledged that the plaintiff and the defendant agreed to conduct a business of gathering people at a certain place on April 2007, providing entertainment, and selling health, food, and daily necessities, etc., and that the plaintiff invested a total of KRW 10 million in the above business, and that the plaintiff continued to operate the business on October 12, 2007, while the plaintiff was omitted in the above business and the defendant decided to continue to do so, the defendant agreed to the effect that "the above KRW 10 million shall be repaid every month by the plaintiff."
According to the above facts of recognition, the above KRW 10 million, which the defendant agreed to pay to the plaintiff, has a nature as a kind of settlement amount for withdrawal from the partnership relationship, and it is reasonable to deem the above claims as claims without setting the deadline due date due to the absence of any specific agreement on the period of repayment. Therefore, it shall be deemed that the period of due date arrives on December 4, 2017, when the copy of the complaint of this case containing the plaintiff's declaration of intent to request the performance of the above claims
Therefore, the defendant is obligated to pay the above KRW 10 million to the plaintiff, barring special circumstances.
2. As to the judgment on the defense of extinctive prescription, the defendant raised a defense to the effect that since the above agreed amount claims are commercial claims, the short-term extinctive prescription period of five years is applied thereto, and the above claims have already expired.
On the other hand, as seen earlier, the defendant is a person who sells goods and constitutes a merchant, and since the above agreed amount claim is a claim arising from the defendant's act performed for his business, the commercial prescription period under Article 64 of the Commercial Act is applicable. The above claim can be exercised on October 12, 2007, which is no fixed time limit, and the extinctive prescription shall be calculated immediately from the time when it is possible to exercise the right on October 12, 2007. The plaintiff's lawsuit of this case is filed on October 10, 2017, which is more than five years after it was established.