1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, as of November 30, 2008, prepared a certificate of borrowing the purport that KRW 90 million will be due on November 30, 2009, KRW 2% of interest per annum, and KRW 49% of interest per annum (hereinafter “the instant certificate of borrowing”). On the bottom of the instant certificate of borrowing, the Defendant stated the following as “creditor C return” and “Plaintiff A (Plaintiff) return.”

B. On August 27, 2010, with respect to the registration of creation of a mortgage on the following occasions: (a) on August 27, 2010, the establishment of a mortgage on the part of the Plaintiff, the debtor, the Defendant, the maximum debt amount of KRW 140 million, and (b) on January 3, 2011, the establishment of a mortgage on the part of the mortgagee C, the debtor, the Defendant, and the maximum debt amount of KRW 140 million was completed, respectively.

On July 5, 2013, the Plaintiff’s collateral security was terminated and cancelled.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 (if there are virtual numbers, including all branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Assertion and determination

A. On November 30, 2008, the Plaintiff’s summary of the Plaintiff’s assertion leased KRW 90 million to the Defendant on the condition stipulated in the loan certificate of this case. As such, the Defendant is obligated to pay the loan amount of KRW 90 million and damages for delay.

B. The Defendant’s summary of the Defendant’s assertion is merely borrowing money from C, and the name of the Plaintiff in the part of the obligee of the instant loan certificate is merely a supplement made after C. If not, the Plaintiff provided the loan to C, and repeated lending of money by means of directly obtaining loan certificates and collateral from the Defendant and others. This constitutes a commercial activity, and thus, the Plaintiff’s claim for the loan has expired five years in accordance with the Commercial Act.

C. Although the person who prepares a disposal document, such as a certificate of borrowing one sheet, recognizes the authenticity for the part on which his/her signature or seal was affixed, all or part of the document was delivered to the blank in which the original blank was served, and thereafter the creditor.