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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Summary of the judgment on the cause of the claim
Defendant B, who was an employee on February 12, 2007, lent the amount of KRW 18.7 million to Defendant B without fixing the due date for reimbursement, and Defendant C’s joint and several guarantee of Defendant B’s obligation due to the above loan does not conflict between the parties, or can be recognized if the purport of the entire pleading is added to the statement in the evidence No. 1. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 18.7 million and the damages for delay, barring any special circumstance.
2. Determination as to the defendants' defense
A. First, the Defendants’ above lending was made on the condition of sexual traffic, and the Plaintiff cannot claim the return of the above lending corresponding to illegal consideration, but there is no evidence to acknowledge it. Thus, the Defendants’ above assertion is without merit.
B. Furthermore, the Defendants asserted that the above loan claims had already been extinguished by the lapse of the five-year statute of limitations, and thus, the Plaintiff’s need at the time of the above loan as seen earlier.
Since a merchant who had been operating a room, the above lending is presumed to have been made for business (Article 47(2) of the Commercial Act). Accordingly, the five-year statute of limitations shall apply to the above credit, and it is apparent in the record that the payment order of this case was filed on March 2, 2015 after the lapse of five years from February 12, 2007, which was the date on which the above credit was created. Thus, the above lending claim of this case was already extinguished due to the expiration of the statute of limitations prior to the filing of the payment order of this case. Thus, this part of the defendants' defense is justified.
3. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.