1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 3 (including additional numbers) as to the cause of the claim, C Co., Ltd. (hereinafter "foreign company") has a duty to pay KRW 50,000,000 to the defendant around April 15, 2008 as the due date for repayment on May 15, 2008, but has received reimbursement of KRW 30,000,000 from the defendant around May 30, 2008. The non-party company transferred the above remaining credit to the plaintiff around December 2017 and notified the defendant of the above assignment of the above assignment of credit, and the defendant reached the defendant around that time, according to the above recognition facts, the defendant is obligated to pay the acquisition amount of KRW 20,00,000 and delay damages to the plaintiff, unless there are special circumstances.

(2) On May 15, 2008, the non-party company did not exercise its right after the expiration date prior to the application for the payment order of this case, the plaintiff asserts that the non-party company as a director of the non-party company lent the provisional payment that the plaintiff paid to the non-party company was the plaintiff, but there is no evidence to acknowledge this part of the plaintiff's assertion that this part of the plaintiff's assertion is without merit). 2. On the defendant's defense, the defendant's decision on the defendant's defense that the non-party company lent the money to the defendant is a supplementary commercial activity, and the non-party company's loan constitutes a five-year commercial extinctive prescription. Thus, the non-party company did not exercise its right after the expiration date of the above claim for the payment order of this case.

First, we examine whether the lending act constitutes a commercial activity.

A person who engages in commercial activities in his/her own name shall be a merchant (Article 4 of the Commercial Act), a shop, or other similar facilities, even if not engaged in commercial activities, shall be deemed a merchant, and Article 5 of the Commercial Act shall be deemed a merchant.