1. The plaintiff's claim is dismissed.

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

1. The plaintiff alleged by the parties, from July 5, 1998 to November 201, 201, engaged in cash lending with the defendant and the supply of ice pipe (hereinafter "the goods of this case"), etc., 474,016,343 won of goods sales, 257,639,891 won of cash, 13,213,213,00 won of bills of exchange, 95,636,90 won of bills of exchange, and 95,636,90 won of money sales, and 33,000,000 won of money sales from the defendant. The plaintiff asserted that the amount of money not received from the defendant until November 2010 reaches KRW 120,836,050.

On the other hand, the defendant set up a defense that the transaction with the plaintiff terminated on November 2008 and the plaintiff's claim against the defendant, such as the price of goods, had expired due to the lapse of the commercial prescription period.

2. Determination

A. The plaintiff operates the ice Pipe pipe business for the purpose of pressureing the fire extinguisher with the trade name in Yangsan City Co., Ltd., and the defendant operates the company with the trade name in Yangsan City E from Yangsan City E to F, there is no dispute between the parties.

Therefore, the plaintiff and the defendant shall be merchants, and among the claims asserted by the plaintiff, the claim for the purchase of goods against the defendant and the claim for the lease of machinery is a commercial claim for which the five-year extinctive prescription under Article 64 of the Commercial Act applies.

In addition, the monthly rent claim for factory lease seems to be subject to the three-year statute of limitations in accordance with Article 163(1) of the Civil Code.

In addition, the amount that the Plaintiff lent to the Defendant is also a commercial bond subject to the five-year extinctive prescription period under Article 64 of the Commercial Act, as stated by the Plaintiff at the third party date of pleading of this case, because it is also necessary for the Defendant to use the amount as a factory operating fund.

B. However, the outstanding amount submitted by the Plaintiff A.