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1. Defendant C’s KRW 100 million and its amount per annum from October 1, 2008 to October 121, 2017, respectively, to the Plaintiff.
Reasons
1. Indication of claim for judgment against Defendant C: as shown in the grounds for the claim in the attached Form;
(However, the creditor shall be deemed the plaintiff and the debtor. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (decision by public notice)
2. Determination as to Defendant B
A. The plaintiff asserted by the parties that the defendant Eul, the representative of the company "D" on September 13, 2007, sold the knex rice of KRW 94,000,000,000,000,000 per annum from October 30, 2008 to the day of full payment, and the defendant Eul shall jointly and severally pay 100,000,000,000 won per annum to the plaintiff under the condition that the knex rice of KRW 94,00,00 per annum is paid by September 30, 2008.
As to this, Defendant B did not have prepared the above loan certificate, and even if not, Defendant B asserts that a claim based on the above loan certificate has expired by the statute of limitations on September 30, 2013, as a claim arising out of a commercial activity, for which five years have passed since the statute of limitations expired.
B. We examine the judgment, even if Defendant B consented to purchase the blade rice in KRW 100 million to the Plaintiff and to prepare a loan certificate for the repayment thereof, considering the overall purport of the argument as to the evidence No. 1, Defendant B constitutes a merchant of the Commercial Act since it is recognized that the Plaintiff was the representative of an individual company at the time the loan certificate was prepared, and pursuant to Article 47(2) of the Commercial Act, the act of a merchant to purchase a large quantity of rice in a bonded warehouse at KRW 100 million and prepare a loan certificate for the payment thereof is presumed to be an act of a commercial act for his business. According to Article 47(1) of the Commercial Act, the act of a merchant to prepare a loan certificate constitutes a commercial act under the Commercial Act, and ultimately, Defendant B’s act of preparing a loan certificate constitutes a commercial act under Article 64(1) of the Commercial Act.