1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

1. As to the defendants' claim of KRW 9 million against the defendants

A. In full view of the purport of the entire pleadings in the statement No. 3 (the authenticity is recognized as seen below 2) as to the cause of the claim, the Plaintiff loaned KRW 9 million (hereinafter “the instant loan”) to Defendant B on May 17, 2004 under the joint and several surety of Defendant C on May 30, 2005, with the maturity of payment fixed on May 30, 2005.

Therefore, barring any special circumstance, the Defendants jointly and severally are liable to pay the Plaintiff a loan of KRW 9 million and damages for delay.

2) The Defendants asserted to the effect that the evidence No. 3 (Evidence) was forged. However, in full view of the entries No. 6-1 and No. 2 of the evidence No. 6-2 and the purport of the entire pleadings as a result of the written appraisal by the appraiser No. 3 of the first instance trial, the Defendants’ assertion as to the summary of the statute of limitations defense 1 is without merit, since each pen of the signature column and the signature column No. 3 is presumed to be the pen of the Defendants, and the entire document authenticity is presumed to have been established.

As to this, the plaintiff asserts that the defendant B was not a commercial obligation since he borrowed the money to be used individually from the plaintiff.

2) A claim arising from an act of both parties to a judgment as well as a claim arising from an act of both parties as a commercial activity is also 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 carried on by a merchant for business. A merchant’s act for business purposes is presumed to be an act of a commercial activity but also an act of a merchant for business purposes (see, e.g., Supreme Court Decision 2002Da6760, Sept. 24, 2002).