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. Basic facts (1) The Plaintiff: (a) on December 19, 2003, 20 million won on December 19, 2003; (b) on December 31, 2003, 5 million won on January 2, 2004; and (c) on January 2, 2004, lent to the Defendant 2% per month interest.

(2) On March 31, 2006, the Defendant paid KRW 5 million to the Plaintiff the principal out of the instant loan.

(3) On June 21, 2006, the Defendant paid the Plaintiff the interest on the instant loan lastly.

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid principal amount of KRW 25 million among the instant loans, interest accrued, and delay damages.

B. (1) The Defendant’s assertion regarding the Defendant’s assertion (A) The claim for the refund of the instant loan is a commercial claim after the lapse of five years from June 21, 2006, which is the last interest payment date. As such, the instant lawsuit was filed after the lapse of five years from June 21, 2006, the statute of limitations expired prior to the instant lawsuit.

(B) The Defendant paid the entire amount of the instant loan to the Plaintiff in lieu of payment or payment in substitution.

(2) Determination (A) Whether the statute of limitations for commercial activities is applied to the assertion on the completion of the statute of limitations for the following reasons: (a) not only a claim arising from an act that has been engaged in both auxiliary commercial activities but also a claim arising from an act that constitutes a commercial activity only one of the parties constitutes a commercial claim to which the statute of limitations for five years under Article 64 of the Commercial Act applies; (b) 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 ancillary commercial activity that a merchant performs for his/her business (see, e.g., Supreme Court Decision 2006Da1381, Apr. 27, 2006); and (c) a merchant’s act is presumed to have been conducted for business purposes (see, e.g., Supreme Court Decision 2006Da1