대여금
1. The Defendants jointly share KRW 50,000,000 with respect to the Plaintiff and Defendant B from November 1, 201 to March 30, 2017.
1. The facts of recognition are as follows: (a) in July 2010, the Plaintiff lent KRW 50 million to the Defendant Company with no interest as of December 31, 2010; (b) the Plaintiff demanded the Defendant Company B to prepare a loan certificate; and (c) as the Defendant B was unable to repay the loan money by the due date, the Plaintiff demanded the Defendant Company B to provide a guarantee; (d) Defendant B prepared a loan certificate stating that the Plaintiff would pay KRW 50 million borrowed by the Plaintiff by October 30, 201; and (e) Defendant C signed the above loan certificate as a guarantor does not conflict between the parties, or if the purport of the entire pleading is added to the statement in subparagraph 1.
2. Determination
A. According to the facts found in the judgment as to the cause of the claim, the Defendants are jointly obligated to pay to the Plaintiff the amount of KRW 50 million borrowed from November 1, 201 to the date of delivery of the copy of the instant complaint, which was sought by the Plaintiff, to March 30, 2017; Defendant C, to April 10, 2017; and to the date of payment, to the date of delivery of the copy of the instant complaint; Defendant C, to April 10, 2017; and to the date of full payment, to the date of payment, to the amount of delay damages calculated at each rate of 15% per annum as prescribed by the Act on Special Cases Concerning the
B. As to the Defendants’ assertion, the Defendants asserted that the statute of limitations expired on the premise that the instant loan obligation against the Plaintiff constitutes a commercial obligation, and that the said obligation was extinguished.
A merchant is engaged in commercial activities as a principal agent of rights and obligations arising from commercial activities, and such activities are premised on the premise that the person who performs the act in order to be subject to the Commercial Act as an auxiliary commercial activities acquires the qualification of the merchant himself/herself. Even if a company is deemed as a merchant under the Commercial Act, the representative director, who is the institution of the company, is not a merchant, and thus, the representative director, who is the institution of the company, is not a