1. Article 47 (1) of the Commercial Act provides that "the act of a merchant on behalf of his/her business shall be deemed a commercial activity." Since Article 47 (2) of the same Act provides that "the act of a merchant on behalf of his/her business shall be presumed to be an act of a merchant on behalf of his/her business," the act of a merchant whose business is not certain is presumed to be an act of the merchant on behalf of his/her business, and the person who

However, even if a merchant does not engage in a business of lending money, there may be cases where he/she lends money for business interest or for business interest, or lends money for the purpose of acquiring interest. Thus, such act of lending money by a merchant is presumed to be for business interest unless there is any counter-proof (see Supreme Court Decision 2006Da54378, Dec. 11, 2008). 2. According to the reasoning of the judgment below and the evidence duly admitted, the Defendant operating the clothing sales store determined that the Plaintiff was 66% per annum of interest on April 22, 2004; 3 million won per annum of interest on July 22, 2004; and 66% per annum of interest on May 14, 2004; and each Plaintiff and the Defendant respectively lent money to the Plaintiff on June 24, 2004, respectively.

Examining the above facts in light of the legal principles as seen earlier, the Defendant’s act of lending KRW 12.9 million in total to the Plaintiff as a merchant making a sale of movable property for business purposes is presumed to have been done for business purposes under Article 47(2) of the Commercial Act, unless there is any counter-proof. The Defendant’s act does not change even in the case of merchants who do not engage in the business of lending money.

Therefore, the defendant's above.