1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 24, 1998, the Defendant borrowed KRW 23,22,00 from C under the pretext of advance payment and prepared a certificate of consignment storage on behalf of the purchaser, and agreed to pay the above loan within one week.

B. C transferred the above loan claims against the Defendant to D Co., Ltd., and D transferred the above loan claims against the Defendant to the Plaintiff. On August 29, 2019, the Plaintiff was delegated with the authority to notify the assignment of claims from D Co., Ltd. and sent the notice of the assignment of claims to the Defendant.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff acquired the above loan claims against the Defendant from D Co., Ltd., and the Defendant is obligated to pay the Plaintiff the above loan claims amounting to KRW 23,220,000 and delay damages therefrom. 2) The Defendant’s assertion’s claim falls under the Defendant’s commercial claim. The Plaintiff filed an application for the instant payment order after five years from September 1, 1998, following the due date for the payment of the above loan claims. Thus, the above loan claims have expired.

B. In addition, Article 47(1) of the Commercial Act provides that “an act performed by a merchant on behalf of its business shall be deemed as a commercial activity,” and Article 64(2) of the Commercial Act provides that “an act performed by a merchant on behalf of its business shall be deemed as a commercial activity,” and the act performed by a merchant shall be deemed to be an act performed on behalf of its business.”