대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The fact that the Plaintiff operating a job placement office in the name of “A job placement office” in the Jung-gu Daejeon-gu Daejeon-gu Daejeon-gu for the cause of the Plaintiff’s claim was leased KRW 6,00,000 to the Defendant, who requested employment mediation around December 14, 2014, by determining the due date for payment as December 14, 2005, and that the Defendant repaid the Plaintiff KRW 2,500,000 out of the above loan amounting to KRW 6,00,000 on January 7, 2005, may be recognized by considering the whole purport of the pleadings as a whole.
According to the above facts, the defendant is obligated to pay the plaintiff 3,500,000 won (=6,000,000 won - 2,500,000 won) and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the above loan claim was extinguished by prescription.
B. The act of the merchant of the relevant legal doctrine is presumed to be an act for business under Article 47 of the Commercial Act, and in order to reverse such presumption, the person who asserts other opposing facts is liable to prove it.
However, even if a merchant who 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 where he/she lends money for the purpose of acquiring interest, and thus, he/she is presumed to do so for business without any counter-proof (see Supreme Court Decision 2006Da54378, Dec. 11, 2008).
Judgment
In light of the above legal principles, the facts as seen earlier are the fact that the repayment period of the Plaintiff’s above loan claims against the Defendant was December 14, 2005. The Plaintiff constitutes a merchant as a person operating a job placement office and thus, the Plaintiff’s monetary lending to the Defendant is presumed to be for business, and there is no counter-proof otherwise, and the Plaintiff’s loan claims against the Defendant are five-year commercial prescription period.