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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 27, 2006, the Plaintiff and the Defendants drafted a loan certificate consisting of “one hundred twenty thousand won per day, twenty percent per annum on December 27, 2006, interest rate per annum, sixty percent per annum on overdue interest, sixty percent per annum on the debtor, Defendant B, joint and several liability, Defendant C, and D.”
[Ground for recognition] Unsatisfy
2. The assertion and judgment
A. As to the Plaintiff’s claim seeking the payment of the unpaid principal and interest out of the money stated in the above loan certificate, the Defendants asserted that: (a) the Defendants’ claim is invalid as a claim related to sexual traffic, and thus, seeking the return thereof constitutes illegal consideration; (b) the Plaintiff paid the entire principal and interest up to June 18, 2007; and (c) the Plaintiff’s act of lending money is presumed to be for business purposes, and thus, the extinctive prescription for the five-year commercial contract is applicable and the extinctive prescription has expired.
B. First of all, we examine whether the extinctive prescription of the Defendants’ assertion has expired.
In addition, a claim arising from an act that engages in both of the parties' commercial activities as well as a claim arising from an act that engages in both of the parties' commercial activities constitutes a commercial claim to which the five-year extinctive prescription under Article 64 of the Commercial Act applies. Such commercial activities include not only the basic commercial activities falling under any of the subparagraphs of Article 46 of the Commercial Act but also ancillary commercial activities that a merchant performs for his/her business (see, e.g., Supreme Court Decision 2009Da10098, Mar. 11, 2010). In addition, Article 47(1) of the Commercial Act provides that an act performed by a merchant for his/her business purposes shall be deemed commercial activities, and an act by a merchant under paragraph (2) of the Commercial Act shall be presumed to be conducted for his/her business purposes. Thus, even if a merchant who does not engage in lending money for a business purpose, there may be cases where money is lent