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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
2. As to each part of the judgment on the cause of the claim, the relevant part of the reasoning of the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure
3. Judgment on the defendant's defense of extinctive prescription
A. A. The summary of the party's assertion 1) The defendant asserts that the plaintiff's claim for indemnity money does not fall under the requirements for management of business since it was caused by the plaintiff's loan of this case, the share of the loan of this case, or the act of guaranteeing the water surface, which is a commercial activity, and thus, the five-year extinctive prescription under Article 64 of the Commercial Act shall be applied. Accordingly, the plaintiff asserted that this right should be applied to this case's claim for reimbursement of expenses or the right to claim for restitution of unjust enrichment by giving the plaintiff's repayment of the claim for indemnity money owed by the defendant to C, etc. on behalf of the defendant without any obligation. The ten-year extinctive prescription under the Civil Act shall apply to this right. In choice, the plaintiff can exercise his right as a person who has a legitimate interest on behalf of the defendant, and the right of the plaintiff, such as C,
B. The extinctive prescription of the claim for indemnity of the relevant legal doctrine doctrine is determined by the legal cause in which the claim for indemnity accrues.
Therefore, if the relationship of the cause of the indemnity was formed by a juristic act which is a commercial activity for one of the merchants, such as a guarantee entrustment agreement which was concluded by the merchant to secure a business obligation, the extinctive prescription of the indemnity claim arising therefrom shall be five years pursuant to Article 64 of the Commercial Act. In addition, even if the indemnity claim arises under the provisions of the Civil Act such as the management of affairs, etc., if the manager is a merchant, and if the management of affairs is conducted