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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;
However, the decision of this court on the defendant's argument is added as follows.
2. The defendant asserts that this Court has already completed the five-year commercial extinctive prescription for his/her contractual obligation as a commercial obligation.
On the other hand, not only a claim arising from an act of a commercial activity for both parties, but also a claim arising from an act of a commercial activity for one of the parties as well as a commercial claim to which the five-year extinctive prescription period under Article 64 of the Commercial Act applies. 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 that a merchant performs for business purposes.
(See Supreme Court Decision 2006Da1381 Decided April 27, 2006, etc.). However, in this case, the Plaintiff sought an unpaid agreement pursuant to the agreement that the Defendant personally prepared (A). However, an investment advisory company to which the Defendant belongs is liable to compensate the Plaintiff, a customer, for damages caused by the negligence in fund management.
In light of the fact that there is no evidence to prove that the agreement of this case was made to the effect that the Defendant, who is an employee, will be held liable for the said act, the evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff’s claim for the agreed amount was incurred due to the basic or auxiliary commercial activities or both of the Plaintiff and the Defendant, and there is no other evidence to prove otherwise.
Therefore, the defendant's above assertion cannot be accepted.
3. The judgment of the first instance court at the conclusion is justifiable.
The defendant's appeal is dismissed.