1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff lent B Co., Ltd. (hereinafter “B”) KRW 304 million on August 6, 2004, and KRW 38 million on August 25, 2004 to B.

B. On June 23, 2005, B confirmed that the Plaintiff borrowed KRW 151,300,000 from the Plaintiff, and prepared a loan certificate to repay it by June 30, 2005 (hereinafter “instant loan certificate”), and the Defendant jointly and severally guaranteed the above loan obligations against the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is a joint and several surety and has a duty to pay the plaintiff the principal and interest of the loan to the plaintiff, unless there are special circumstances.

B. The defendant's defense (1) asserts that, even if the principal amount falls short of KRW 151,300,000, the provisional seizure of the real estate owned by B may be preserved if the false provisional seizure was made on the real estate owned by B, the loan certificate of this case was prepared by the plaintiff's hearing and coercion, the agreement pursuant to the above loan certificate is invalid.

However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion cannot be accepted.

(2) The defendant asserts that the plaintiff's loan claims against B were extinguished after the lapse of the five-year statute of limitations as commercial claims.

A claim arising from an act falling under a commercial activity as well as a claim arising from an act falling under a commercial activity with both parties as well as a claim arising from an act falling under a commercial activity is also subject to the period of five years under Article 64 of the Commercial Act. Such 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 merchants for business (see Supreme Court Decision 93Da54842, Apr. 29, 1994). A. The act of merchants is presumed to be for business (Article 47(2) of the Commercial Act).