1. At the request of the plaintiff changed from the trial, the judgment of the first instance shall be changed as follows:

The defendant is against the plaintiff.

1. The plaintiff alleged by the parties, around January 2004, because the defendant, who joined the fraternity organized by the plaintiff, did not pay the fraternity, even though he received the fraternity, and the plaintiff paid it on behalf of the plaintiff, the defendant is liable to pay 15.2 million won of the fraternity paid in lieu of the plaintiff and damages for delay.

As to this, the defendant asserts that the plaintiff's act of organizing and operating the fraternity of this case is not a defendant but a member of the fraternity of this case, and even if the defendant is a member of the fraternity of this case, the plaintiff's act constitutes an ancillary commercial activity conducted on behalf of the merchant, and thus, five years' extinctive prescription is applied as a commercial claim. Since the lawsuit of this case was filed five years after the completion of the above fraternity, the above claim of this case expired after the lapse of five years.

2. Determination:

A. Comprehensively taking account of the overall purport of the pleadings as to whether a member of the fraternity organized by the Plaintiff as to the cause of the claim is Defendant D, the Plaintiff organized the number system of KRW 20 million per Han-gu unit (hereinafter “instant system”) on August 20, 2005. ② The Defendant’s resident registration number of KRW 1/2 of the above system ( KRW 10 million, monthly payment, KRW 600,000), KRW 1/2 of the 4th unit (including KRW 10,000, KRW 600, KRW 600, KRW 600, KRW 600, KRW 600, KRW 600), KRW 1/2 of the 4th unit (including KRW 10,000, KRW 600, KRW 609, KRW 6000), KRW 9, KRW 1550, KRW 200, KRW 301, KRW 400,000, KRW 204).