beta
Text
1. The defendant's appeal against the plaintiffs is dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
Reasons
1. Basic facts
A. On August 22, 1995, the Defendant: (a) lent KRW 40,700,000 to the deceased E (hereinafter “the deceased”) who is the deceased; and (b) claimed payment of the above loan (hereinafter “the instant loan payment order”) from the Daegu District Court Branch of Seo-gu District Court 2005Ka4077, Sept. 14, 2005, the Defendant agreed to pay KRW 15,000 until August 26, 1995, until September 15, 1995, KRW 15,760,000 until September 30, 1995.
B. On September 27, 2005, the above court issued a payment order stating that "the defendant is the defendant, the plaintiff A is the 17,468,572 won, the plaintiff B and C are the 11,645,714 won, respectively, and each of the above money is the 11,645,714 won and the expenses for demand procedure from September 30, 1995" (hereinafter "the payment order of this case"), and the payment order of this case was finalized around that time.
C. From May 27, 1994 to September 30, 1996, the Deceased was a merchant who was engaged in the manufacturing business of goods handling equipment in the trade name called “F.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. A claim arising from an act of commercial activity for both parties as well as a claim arising from an act of commercial activity is also a commercial claim subject to the extinctive prescription period of five years as stipulated in 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 a merchant for business purposes. It is presumed that the merchant’s act is for business purposes (Article 47(2) of the Commercial Act). The Deceased is a merchant under the above provision by making business registration with the trade name “F” from May 27, 1994 and operating the business of manufacturing goods.
The plaintiffs shall pay money from the defendant to raise the deceased's business funds.