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 court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following matters to be determined by the court, thereby citing it as it is in accordance with the main sentence of Article 420 of the

[Additional Matters] The Plaintiff asserts that since each of the instant loans was not used as the Defendants’ business funds, it constitutes a general loan claim under the Civil Act, and accordingly, the ten-year extinctive prescription should be applied under the Civil Act, not the Commercial Act.

Since the act of merchants is presumed to be for business purposes (Article 47 of the Commercial Act). Thus, the act of the Defendants, a merchant, borrowed funds, as an ancillary commercial activity unless the presumption of legal presumption is reversed, is applied to the Commercial Act and five years extinctive prescription for commercial matters are applied.

Considering that the Plaintiff voluntarily lent money to the Defendants for the purpose of the business fund, the Plaintiff’s assertion that the Plaintiff filed the instant lawsuit is insufficient to reverse the presumption of legal presumption and to recognize it as not an act for business, and there is no other evidence to acknowledge it as not an act for business. Thus, the Plaintiff’s assertion is without merit.

2. Thus, the plaintiff's claim against the defendants shall be dismissed as it is without merit, and the judgment of the court of first instance shall be delivered with this conclusion, and the plaintiff's appeal shall be dismissed. It is so decided as per Disposition.