이득상환금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts against the defendants the right to claim reimbursement of benefit under Article 79 of the Bills of Exchange and Promissory Notes Act.
The three-year extinctive prescription of the Plaintiff’s Promissory Notes (AB) contained in the Notarial Deed (A9) dated February 8, 2006 has expired, but the Defendants are obligated to repay to the Plaintiff within the limits of the benefits they received.
Judgment
The fact that the Defendants issued a promissory note as of February 8, 2006 and delivered it to the Plaintiff was aimed at securing credit payment or non-performance of the machinery manufacturing obligation, and there is no dispute between the parties.
It is not issued in lieu of payment, but a promissory note has been issued to secure obligations arising from cause relations.
Where a bill has been issued or endorsed to secure a obligation arising from a causeal relationship, no right to claim reimbursement of profits shall accrue to the drawer or endorser even if the bill has expired by prescription.
(See Supreme Court Decision 2000Da10376 delivered on May 26, 2000). Accordingly, the Plaintiff, a holder, cannot have the right to claim reimbursement of benefit.
The plaintiff's assertion is without merit.
The supplementary statement, even if the plaintiff has the right to claim reimbursement of benefit, the defendant's conjunctive assertion that the extinctive prescription has expired.
The fact that the plaintiff was the representative director D, and the fact that the defendants operated the E company does not dispute between the parties.
Thus, both the plaintiff and the defendants should be considered as a merchant.
The right to claim reimbursement of the above profits is a claim arising from commercial activities, that is, a merchant's act for business purposes.
(Articles 47 and 46 subparag. 21 of the Commercial Act). Accordingly, Article 64 of the Commercial Act applies (see, e.g., Supreme Court Decision 95Da39854, Jan. 23, 1996). The extinctive prescription is five years pursuant to the main sentence of Article 64 of the Commercial Act.
According to the proviso, there is room for the short-term prescription, and there is a view for three years and one year, but in this case, according to the principle of pleading.