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.

The reasoning of the judgment of the first instance is as follows, except for an additional determination as to the Plaintiff’s assertion emphasized or added by this court, and thus, it is consistent with the reasoning of the judgment of the first instance.

The plaintiff asserts that the period of extinctive prescription for the plaintiff's claim for indemnity is ten years.

The nature of the right to indemnity against the principal obligor of the entrusted guarantor ought to be determined in accordance with the nature of the guarantee consignment agreement concluded between the guarantor and the principal obligor. As such, if the legal relationship between the right to indemnity and the other party are commercial activities, the period of extinctive prescription of five years

The plaintiff, the contractor of the commercial building of this case, has jointly and severally guaranteed an intermediate payment loan obligation to the non-party bank that is the buyer of the store of this case, and paid the principal and interest of loan to the non-party bank. According to the evidence No. 10, the defendant is recognized as having registered the real estate rental business on March 20, 205 with the location of the store of this case as its place of business.

On the other hand, since a person who prepares for a business before commencing a commercial activity which is the object of the business is realizing the intent to engage in a commercial activity, he/she acquires the qualification as a merchant at the time he/she prepares for the business as well as the first ancillary commercial activity which is an activity for the business, and such preparation for the opening of a business is not necessarily necessary to indicate his/her business intention generally and externally through registration of the trade name, opening of a business, advertisement, display of signboards, etc., but if the other party can objectively recognize his/her business intention in light of the nature of the preparatory activity, such preparation is an ancillary commercial activity

Furthermore, the act of borrowing business funds also carries out business by the actor's subjective intent.