1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Around April 26, 2010, the Plaintiff rendered a judgment on the cause of the claim that the debtor C farming association corporation, the joint guarantor, and the debtor lent KRW 20 million to the Defendant on May 25, 2010, because there is no dispute between the parties. Therefore, the Defendant is liable to pay the Plaintiff a loan of KRW 20 million as a joint and several surety and damages for delay.

2. Determination as to the defendant's claim for extinctive prescription against his commercial claims

A. The summary of Defendant defense C C lent KRW 20 million from the Plaintiff to use it as a business fund. As such, the Plaintiff’s loans are commercial claims, and five years have elapsed since the due date for payment of the above loans, the period of extinctive prescription was expired.

B. A claim arising from an act that has both parties to the judgment as well as a claim arising from an act that constitutes a commercial activity is subject to the extinctive prescription period of five years as stipulated in Article 64 of the Commercial Act. The commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also the ancillary commercial activity carried on by the merchants for business, and the act of the merchants is presumed to be for business purposes (Article 47(2) of the Commercial Act). In order to reverse such presumption, a person who asserts other facts of objection is liable to prove such other facts.

(2) In light of the legal principles as seen earlier, the Plaintiff’s lending of KRW 20 million from the Plaintiff constitutes a commercial act under the Commercial Act, as it is presumed that the Plaintiff’s borrowing of KRW 20 million from the Plaintiff constitutes a commercial act under the Commercial Act, and the Plaintiff’s lending of KRW 20 million constitutes five years.