1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Acknowledgement of the reasoning of the judgment of the court of first instance and claims arising from acts that constitute a commercial activity as well as claims arising from acts that constitute only one of the parties concerned fall under commercial claims to which the period of extinctive prescription of five years under Article 64 of the Commercial Act applies. Such commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also the ancillary commercial activity carried on by the merchant for his/her business. Whether the act of the merchant whose business is unclear is presumed to have been carried on for his/her business pursuant to Article 47 of the Commercial Act. In order to reverse such presumption, a person who asserts the opposing facts is liable to prove

(2) Article 420 of the Civil Procedure Act provides that “The grounds for the judgment of the court of first instance (see, e.g., Supreme Court Decisions 2015Da20599, Apr. 15, 2016; 2015Da20605, Apr. 15, 2016).” The grounds for the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for adding the following to “(Article 47 of the Commercial Act)” as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.