1. The plaintiff's claim of this case is dismissed.

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

1. The Defendant borrowed KRW 20 million from the Plaintiff on December 19, 2003, KRW 5 million on December 31, 2003, KRW 5 million on January 2, 2004, and KRW 5 million on January 2, 2004 as interest monthly interest rate. The Defendant’s repayment of KRW 5 million on March 31, 2006 to the Plaintiff on March 31, 2006 does not conflict between the parties or is recognized by the statement of evidence A5.

According to the above facts, the defendant is obligated to pay to the plaintiff the remaining principal amount of KRW 25 million and interest accrued and delay damages incurred therefrom, except in extenuating circumstances.

(2) The court below held that the defendant's act of payment or payment in kind constitutes a commercial claim to which the five-year extinctive prescription period under Article 64 of the Commercial Act applies to not only a claim arising from an act of commercial activity but also a claim arising from an act of commercial activity against either of the parties as well as a claim arising from an act of commercial activity, as well as a claim arising from a judgment on the grounds of extinctive prescription period under Paragraph (2) below. The commercial activity includes not only the basic commercial activity falling under each subparagraph of Article 46 of the Commercial Act but also the ancillary commercial activity that the merchant performs for business (see Supreme Court Decision 93Da54842 delivered on April 29, 1994). The merchant's act is presumed to be for business purposes (see Supreme Court Decision 2007Da91251 delivered on April 10, 2008). Since the plaintiff's above loan claim becomes extinct by the court below, the defendant's act of purchasing money from each of the parties to the above loan 20-6.

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