1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is running loan business by registering credit business in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. On July 2, 2007, the Plaintiff lent 5,000,000 won (the first loan), 30,000,000 won (the second loan), and 55,000,000 won (the third loan) on July 10, 2007, respectively, to Defendant B Co., Ltd. (the Defendant Co., Ltd.) and Defendant C jointly and severally guaranteed each of the above loans of the Defendant Co., Ltd.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (1) filed an application for an auction on real estate owned by a third party, which was offered as security by the Defendants as a result of the repayment of each loan. The Plaintiff’s primary loan was partially repaid on July 30, 2009; on July 1, 2010; on October 15, 2009, on the third loan, the third loan was partially repaid; on the other hand, KRW 11,128,219; on the first loan, the balance of the loan was KRW 11,128,219; on the other hand, interest from July 31, 2009, KRW 30,000; on the other hand, interest from July 2, 2010; the third loan balance was KRW 40,290,91; and on the other hand, from October 16, 2009, the Defendants jointly and severally liable to pay.

(2) The Plaintiff’s claim for the Defendant’s loans is a commercial claim and the five-year extinctive prescription has expired.

B. It is reasonable to view that the Plaintiff’s registration of credit business and then the loan business was conducted by the Plaintiff as seen above, and that each of the instant loans agreements with the Defendants constitutes the Plaintiff’s loan business, and thus constitutes the Plaintiff’s commercial activity.

Inasmuch as the extinctive prescription of a claim arising out of a commercial activity is completed unless the claim is exercised for five years (Article 64 of the Commercial Act), the five-year extinctive prescription shall also apply to the claim under the Plaintiff’s respective loan agreements.

Plaintiff’s assertion

According to facts, the Plaintiff is each of the instant cases from July 1, 2009 to October 15, 2009.