대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On March 30, 2006, the Plaintiff lent KRW 6,000,000 to the Defendants, but at the request of the Defendants, remitted this to the account in the name of D Co., Ltd.
(hereinafter “First Loan”). Since then, the Plaintiff received interest on the said loan from the Defendants until June 29, 2006.
B. On June 23, 2006, the Plaintiff lent KRW 10,000,000 to the Defendants, but at the request of the Defendants, remitted this to the account under the name of E.
(hereinafter “Secondary Loan”). Since then, the Plaintiff received interest on the said loan from the Defendants until May 2, 2008.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the first and second loans, KRW 16,000,000, and interest and delay damages thereon.
(3) The Defendants asserted that the first loan claim of this case and the second loan claim of this case were extinguished by the statute of limitations. The Defendants asserted that they agreed to receive interest rate of 15% per month from the Defendants.
A claim arising from not only a claim arising from an act that has been engaged in a commercial activity but also a claim arising from an act that constitutes a commercial activity is subject to the period of five years under Article 64 of the Commercial Act. Such commercial activity includes not only the basic commercial activity falling under any subparagraph of Article 46 of the Commercial Act, but also the ancillary commercial activity that a merchant performs for his/her business (see, e.g., Supreme Court Decisions 2011Da109500, May 10, 2012; 2018Da10920, Jun. 15, 2018). A merchant’s act is presumed to be conducted for business purposes (Article 47(2) of the Commercial Act). Comprehensively taking into account the descriptions and arguments stated in subparagraphs 1 and 2 of Article 46 of the Commercial Act and the purport of the entire pleadings.