대여금
1. The Defendant: (a) KRW 25 million to the Plaintiff; and (b) 5% per annum from March 10, 2008 to May 26, 2015 to the Plaintiff.
1. According to the purport of the evidence No. 1 of the judgment as to the cause of the claim and the whole pleadings, it is recognized that the Plaintiff, the president of the Korean Medical Center, as a oriental medical doctor, agreed with the Defendant, etc. to purchase the drug called “compactous blood” with the Defendant, but the Defendant did not have any money, on March 9, 2007, set the purchase price of the drug that the Defendant decided to share on March 9, 2008 as the due date for payment to the Defendant on March 9, 2008 and lent the loan to the Defendant. According to the above facts, the Defendant, barring any special circumstance, is obligated to pay to the Plaintiff the above loan amounting to KRW 25 million and the above repayment amount from March 10, 2008 to May 26, 2015, the original delivery date of the payment order of this case, at each rate of 15% per annum under the Civil Act, which is the original delivery date of the payment order of this case.
2. Judgment on the defendant's defense
A. The defendant's assertion of the loss security agreement is argued to the effect that the loan certificate (Evidence A 1) secured the plaintiff's loss pursuant to the joint investment agreement on the export and import and sale of medicinal herbs, which is the blood transfusion, and that the investment loss did not occur and the time limit for the investment loss security cannot be complied with. However, there is no evidence to acknowledge it, and thus, the defendant's assertion is rejected.
B. 1) The Defendant asserted that the period of extinctive prescription has expired five years after the Plaintiff’s above loan claim was a commercial bond, and that the Plaintiff asserted that ten years have not elapsed since the said loan claim was a civil bond. 2) As to whether the above loan claim constitutes a “claim arising from a commercial act” under Article 64 of the Commercial Act, setting the short-term extinctive prescription of five years for a claim arising from a commercial activity under Article 64 of the Commercial Act is a collective transaction relationship with multiple merchants.