1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, it is recognized that the plaintiff lent 12 million won to the defendant on March 27, 2006 as the due date for repayment on April 2, 2006, and the plaintiff was a person who received reimbursement of 5 million won out of the above loan on April 12, 2006. Thus, the defendant is obligated to pay the remaining loans to the plaintiff and delay damages, barring any special circumstance.

In regard to this, the defendant alleged that the 12 million won remitted from the plaintiff was paid as the price for the goods, not the loan, but the price for the goods. However, in light of the evidence No. 2 written by the defendant, regardless of the existence of the price for the goods against the plaintiff as claimed by the defendant, the above 12 million won is the amount loaned by the plaintiff to the defendant, so the above argument by the defendant is without merit.

2. Judgment on the defendant's defense, etc.

A. The Defendant’s assertion, even if the Plaintiff’s claim for the loan against the Defendant exists, the period of the five-year commercial extinctive prescription expires because the Defendant borrowed the loan from business funds, and the five-year commercial extinctive prescription expires. ② The Defendant was declared bankrupt and granted immunity by the Jeonju District Court Decision 2010Hadan1233, 2010Ha1233, and 201233, and ③ offsets the Defendant’s claim for the outstanding amount of the loan against the Plaintiff by the Defendant’s automatic claim, and thus, the Defendant did not have any obligation to repay the remainder of the loan to the Plaintiff.

B. The main sentence of Article 64 of the Commercial Act provides that any claim arising from commercial activities shall be extinguished by prescription if it is not exercised for five years, unless otherwise provided in this Act.

At this time, not only a claim arising from an act that has been engaged in a commercial activity for both parties, but also a claim arising from an act that constitutes a commercial activity only for one of the parties, as stipulated in Article 64 of the Commercial Act.