In addition, according to Articles 5 and 47 of the Commercial Act, a company shall be deemed a merchant even if it does not engage in a commercial activity, and a merchant's act for business is deemed a commercial activity, and the merchant's act for business is presumed to be for business (see Supreme Court Decision 2014Da230443, Oct. 27, 2016). In addition, in cases where a merchant lends money for his/her business pursuant to Article 55(1) of the Commercial Act, a legal interest may be claimed.

Therefore, the Defendants jointly have the obligation to pay the Plaintiff the above loan amounting to KRW 250,00,000 and the following day after the duplicate of the complaint of this case was delivered to the Defendants to the Defendants, and Defendant B is obligated to pay the legal interest at the rate of 6% per annum as prescribed by the Commercial Act from September 12, 2019 to the date of full payment.

2. The Defendants’ assertion as to the Defendants is that, at the time of the instant loan, a kind of transaction contract was concluded with the Plaintiff to purchase the land of 6,004m2 (hereinafter “instant land”) owned by Defendant B at the time of the instant loan, and that KRW 250,000,000 paid to Defendant B was the termination money under the said sales contract. Thus, the Defendants asserted that the said KRW 250,000,000 was reverted to Defendant B as the cancellation money when the Plaintiff renounced the purchase of the said land, and the Defendants did not have any obligation to comply with the Plaintiff’s claim.

The interpretation of a declaration of intention clearly establishes the objective meaning which the parties have given to the display act, and if the parties have written in writing what terms of the contract are a disposal document, it shall be used in writing.