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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the assertion on the cause of claim
A. 1) The Defendant’s purpose is manufacturing and selling, importing, and exporting medical devices, insulgn pumps, and other video medical devices manufacturing, selling, importing, and exporting and importing, etc. (2) On November 15, 2007, the Plaintiff transferred and lent KRW 130 million to the Defendant’s account. The Plaintiff and the Defendant did not separately determine the repayment period or interest for the above loans KRW 130 million (hereinafter “the instant loans”).
3) On March 11, 2015, the Plaintiff filed a lawsuit seeking the payment of the instant loan amounting to KRW 130 million and damages for delay after the filing date with the Seoul East Eastern District Court (hereinafter “instant prior suit”). On October 26, 2015, the Plaintiff filed a lawsuit against the Defendant (hereinafter “instant prior suit”), and on October 26, 2015, “the Defendant shall pay to the Plaintiff KRW 130 million and its interest calculated at the rate of KRW 20% per annum from March 12, 2015 to September 30, 2015, and KRW 15% per annum from the next day to the day of full payment” (hereinafter “instant prior suit judgment”). The said judgment became final and conclusive on November 17, 2015 [Attachment 30 million].
each entry, the purport of the whole pleading
B. 1) According to Article 47 of the Commercial Act, a merchant’s act on behalf of the merchant is presumed to be a commercial activity, and a merchant’s act is presumed to be for his/her business. Therefore, the Commercial Act applies to the Defendant’s act of borrowing KRW 130 million from the Plaintiff as an incidental commercial activity under the Commercial Act. (2) The Plaintiff asserts that a merchant may file a legal interest claim in the event that the merchant lends money in relation to his/her business under Article 55(1) of the Commercial Act, and sought payment of legal interest calculated at the interest rate of 6% from November 5, 2007, the date of lending the instant loan.
The article 55 (1) of the Commercial Code was amended on May 14, 2010, and Article 55 (1) of the former Commercial Code was amended before the amendment.