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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination
A. Since there is no dispute as to the fact that the plaintiff lent KRW 30,000,00 to the defendant on December 30, 2008 without setting the due date, the defendant is obligated to pay 30,000,000 and interest for delay thereof to the plaintiff, barring any special circumstance.
B. The defendant's defense (1) asserts that the defendant received the above money as interest for the previous loan from the plaintiff. Thus, the defendant lent 10 million won to the plaintiff on March 29, 2005 and received the above money on December 24, 2007. Although there is no dispute over the fact that the defendant agreed on the interest for the above loan, the defendant's assertion on this part is without merit.
(2) Next, the Defendant asserts that the instant loan claim was a commercial claim, and that the period of five years elapsed from December 30, 2008, the lending date, expired.
Not only a claim arising from an act that has been engaged in a commercial activity but also a claim arising from an act that constitutes a commercial activity is subject to the period of five years under Article 64 of the Commercial Act. 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 business (see Supreme Court Decision 93Da54842, Apr. 29, 1994). The act of the merchant is presumed to be for business (see Article 47(2) of the Commercial Act). At the time of the lease of this case, the Plaintiff was operated by the Plaintiff at the time of the lease of this case, and the Defendant was operated by the Defendant, and the fact that the Plaintiff borrowed the instant money from the Plaintiff to build a factory around December 208 is not disputed between the parties.
According to the above facts, the defendant, a merchant, borrowed KRW 30,000,000 from the plaintiff in order to build a new factory, and the plaintiff also borrowed the amount of KRW 30,000.