1. The plaintiff's claim is dismissed.

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

1. The Plaintiff loaned KRW 40,00,00 to the Defendant on November 13, 2009 (hereinafter “the instant loan”), and received a promissory note as indicated on November 13, 2009 from the Defendant, on the following grounds: (a) the Defendant alleged that the amount of the above loan was in blank space; (b) there was no evidence of objection; and (c) the fact that the Defendant’s stamp image on the Defendant’s name, affixed the said promissory note, was in dispute between the parties, and thus, the authenticity of the said promissory note is presumed to have been established; (d) the Plaintiff, on November 13, 2009, lent KRW 40,000 to the Defendant (hereinafter “the instant loan”); and (e) the Defendant received a promissory note as indicated on November 13, 2009, with a view to securing the Plaintiff’s debt on the same day; and (e) the Defendant, on the same day, has the obligation to pay the Plaintiff a loan and delay damages to the Defendant.

2. The defendant's defense as to the defendant's assertion is that the plaintiff's claim for the loan of this case was extinguished by prescription.

On the other hand, the defendant asserts that the period of extinctive prescription is three years on the premise that the claim sought by the plaintiff is a bond of promissory notes, but since the claim of this case is a loan claim, the period of extinctive prescription shall not be deemed three years as claimed by the defendant.

However, according to the aforementioned evidence, the Plaintiff may recognize the fact that the Plaintiff had registered credit business under the trade name E at the time of the instant lending. As such, the instant loan claims constitute claims arising out of commercial activities and the extinctive prescription is five years pursuant to Article 64 of the Commercial Act.

Meanwhile, the Plaintiff asserts that the repayment period of the instant loan claim is two months after the date of lending, and thus, the repayment period is January 13, 2010. The instant lawsuit is filed on September 6, 2018, which is five years after it was filed.