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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following judgments as to the allegations made by the plaintiff in the trial of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

2. The Plaintiff asserts that, inasmuch as C, the transferor of the claim, did not lend money as a commercial activity to D, the principal debtor, the Plaintiff asserts that the statute of limitations period should be 10 years pursuant to Article 162(1) of the Civil Act.

It is not sufficient to acknowledge the plaintiff's above assertion by only the statement of evidence Nos. 5 through 7 and some testimony of witness C at the trial, and there is no other evidence to acknowledge it.

Rather, in addition to the overall purport of the pleading in the testimony of the witness C at the trial, it is recognized that C lent money to D who operated a Kaf to receive interest while playing in so-called money. Therefore, it is reasonable to deem C lending the instant loan to D as part of a commercial activity as a unregistered credit service provider. Even if C is not a merchant upon the Plaintiff’s assertion, D borrowed money from C to use it as a Kafbook. Such borrowing act constitutes an auxiliary commercial activity as provided in Article 47 of the Commercial Act, which is conducted by a merchant for his/her own business, and an obligation arising from unilateral commercial activity or auxiliary commercial activity is also a commercial claim to which the extinctive prescription period for commercial claims under Article 64 of the Commercial Act applies (see, e.g., Supreme Court Decision 2006Da1381, Apr. 27, 2006). As such, the prescription period for commercial claims under Article 64 of the Commercial Act shall apply to the above lending claim.

Therefore, the period of extinctive prescription is five years pursuant to Article 64 of the Commercial Act with a claim for a loan of this case due to commercial activity. Therefore, the plaintiff's above assertion is without merit.

3. Conclusion.