The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Determination as to the cause of claim

A. (1) From February 2, 2009 to February 23, 2010, the Plaintiff paid a sum of KRW 264,000,000 to the Defendant. The Defendant prepared and delivered to the Plaintiff a document stating that “40,000,000 won was expected to be received and disbursed at the time of initial investment,” and the document stating that “3.5% of the monthly interest rate is stated in that document.”

(2) At that time, the Defendant prepared and delivered to the Plaintiff a letter of delegation as to the commission of a notarial deed stating that there is no objection to compulsory execution pursuant to a promissory note and its promissory note, the amount of which is blank

(3) The Defendant, while running a credit business at any time, reported the progress of the business to the Plaintiff at any time, and exchanged opinions on the interest rate and its payment schedule with the Plaintiff’s e-mail given and received.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (in the case of evidentiary documents with serial numbers, including branch numbers), the purport of the whole pleadings

B. According to the above facts of recognition, it is reasonable to view that the Plaintiff lent KRW 264,00,000 to the Defendant. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 264,00,000 and damages for delay.

2. Judgment on the defendant's defense of extinctive prescription

A. The defendant is a commercial claim and this constitutes a defense that the plaintiff's claim had already been extinguished due to the expiration of the five-year statute of limitations.

B. Not only a claim arising from an act that has both parties as a commercial activity but also a claim arising from an act that constitutes a commercial activity is subject to the extinctive prescription of five years as stipulated in Article 64 of the Commercial Act. Such a commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also ancillary commercial activity that a merchant performs for business (see, e.g., Supreme Court Decisions 93Da54842, Apr. 29, 1994; 2009Da10098, Mar. 11, 2010).