The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Summary of the parties' assertion

A. The plaintiff asserts as the cause of the claim of this case as follows.

1) The Plaintiff lent C the amount of KRW 80 million on January 4, 2006 to C, and further lent the amount of KRW 100 million on August 14, 2006 to C by stipulating that it shall be paid KRW 200,000 per day for 25 months (hereinafter “instant loan”).

(2) As to each of the above loans, the Plaintiff received KRW 123,32,765 in total from C (i.e., KRW 79,760,00 in total from 2006 to 2007, KRW 41,572,765 in total from October 10, 2013, and KRW 2,000 in total from April 2, 2012). As a result of satisfaction of performance, the Plaintiff paid KRW 108,667,235 in total (i.e., principal and interest KRW 56,67,235 in total).

3. The defendant is a joint and several surety for the debt of this case and is obligated to pay to the plaintiff the total amount of 108,667,235 won and delay damages for the principal amount of 56,67,235 won.

B. As to this, the defendant asserts that the debt of this case was extinguished by prescription.

2. Determination

A. We first examine the Defendant’s assertion of extinctive prescription for convenience.

1) Not only a claim arising from an act that has both parties as a commercial activity but also a claim arising from an act that constitutes a commercial activity is subject to the extinctive prescription period of five years as stipulated in Article 64 of the Commercial Act. Such a commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also the ancillary commercial activity that a merchant performs for business purposes (see Supreme Court Decision 93Da54842, Apr. 29, 1994). The merchant’s act is presumed to be for business purposes (see Article 47(2) of the Commercial Act, since there is no dispute between the parties at the time when C bears the obligation for the instant loan, the instant loan claim is an ancillary commercial activity that is conducted by the merchant for business purposes and that is subject to the prescription period of five years.