1. The plaintiff's claim is dismissed.

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

In full view of the respective descriptions of Gap evidence Nos. 1 through 4 and the overall purport of the pleadings, the defendant is obligated to pay the plaintiff the unpaid principal and interest and delay damages, such as the statement in the purport of the claim.

The Defendant asserts to the effect that “the extinctive prescription of five or ten years with respect to the instant claim has expired”.

In light of the court's order of taxation information submission to the director of the racing tax office and the result of the answer and the purport of the whole pleadings, the defendant is deemed to have been a merchant at the time of the occurrence of the claim of this case. As such, the claim of this case was completed 5 years after November 12, 2003, which is a claim for commercial activity,

(2) The defendant's above assertion is with merit, since it is difficult to view that there was an acceptance of debt around September 6, 2006, the ten-year statute of limitations has expired.

Thus, the plaintiff's claim is dismissed as it is without merit.