1. The plaintiff's claims against the defendants are all dismissed.

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

Plaintiff’s assertion

On September 9, 2013, the Plaintiff lent KRW 150 million to the Defendants, but received the principal of the loan from the Defendants on December 17, 2019. In accordance with Article 55(1) of the Commercial Act, the Defendants are obligated to pay the Plaintiff the said KRW 150 million interest in commercial law from the date of borrowing to the date of repayment, as well as damages for delay.

Judgment

Article 55(1) of the Commercial Act provides that "If a merchant lends money to him/her in connection with his/her business, he/she may request legal interest thereon."

The fact that the Plaintiff leased KRW 150 million to the Defendants on September 9, 2013 (hereinafter “the instant lease”) is without dispute between the parties or may be acknowledged by the entries in Gap evidence 1 and 3-3. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff is a merchant. Moreover, the following circumstances, which were acknowledged by the respective entries and arguments in Gap evidence 4, 7, 11, and Eul evidence 59-3, 63, 65, 66 (including each serial number), are included), namely, ① the Plaintiff and D (hereinafter “the Plaintiff”) concluded a sales contract with the Defendants on February 7, 2013, and March 22, 2013, the remainder of KRW 100 million paid KRW 300,000,000 to the Defendants (hereinafter “the Plaintiff’s remainder of KRW 200,000,000,000,000,000) and KRW 1,50,000,00.