대여금
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.
Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1, 2, and 3 written evidence, it can be acknowledged that the plaintiff lent the amount of one million won under joint and several surety C to the defendant on October 11, 1997 as of May 30, 2002. Thus, the defendant is jointly and severally liable with C to pay the principal and interest of the loan to the plaintiff, barring any special circumstance.
As the defendant asserts that the above loan claim of the plaintiff was extinguished by the prescription, considering the above evidence Eul No. 4, the defendant prepared to operate the party at the time of borrowing money from the plaintiff and registered the business on November 25, 1997 with the trade name D around November 25, 1997. It can be acknowledged that the defendant stated the loan application form for the loan prepared by borrowing money from the plaintiff as "business fund".
As above, since the Defendant borrowed money from the Plaintiff as a preparatory act for running party funeral business, the Plaintiff’s above loan claims constitute claims arising out of the Defendant’s ancillary commercial activities, and thus, the five-year extinctive prescription is applied to the Plaintiff’s above loan claims. Meanwhile, the fact that the instant lawsuit was filed on November 1, 2007 after the lapse of five years from May 30, 2002, when the above lawsuit was due, is apparent in the record, and thus, the statute of limitations has expired.
The defendant's defense is justified.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed and it is so decided as per