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1. As to KRW 38,880,000 among the Plaintiff and KRW 10,00,000 among them, the Defendant shall up to December 12, 2017, base on May 14, 2019.
Reasons
1. The loan claim portion
A. In 2012, the Plaintiff loaned KRW 10,00,000 to the Defendant on April 2, 2012, and KRW 10,000 on May 7, 2012, there is no dispute between the parties. The Defendant asserts that the period of extinctive prescription for each of the above loans has expired.
In addition, on July 11, 2014, the Defendant asserted that the Plaintiff paid KRW 30,000,000 to the Plaintiff, thereby repaying the obligation to borrow KRW 20,000,000. However, the Defendant made a preliminary defense (which cannot be compatible with the above statute of limitations extinction defense).
The act of borrowing business funds cannot be deemed as an act of preparing commercial activities which are the object of business, in view of the nature of the act itself. However, in a case where a subjective intent of an actor is an act of preparing for business and the other party is aware that such act is an act of preparing for business by the explanation of the actor, etc., the provisions of the Commercial Act governing commercial activities are applicable (see, e.g., Supreme Court Decisions 2011Da104246, Apr. 13, 2012; 201Da43594, Jul. 26, 2012). In order to raise the goods price to be settled to the customer, the Defendant borrowed KRW 20,000 from the Plaintiff for the purpose of raising the goods price to be settled to the customer, and the fact that the said borrowing act was perceived as an act of preparing for business by hearing such explanation from the Defendant, the extinctive prescription for the above loans shall be completed unless it is exercised for five years.
(Article 64 of the Commercial Act). In addition, insofar as there is no other argument or evidence by the Plaintiff concerning the period during which each loan claim is due, this constitutes a claim with no fixed time limit, and thus, the extinctive prescription has already expired at the time of the filing of the lawsuit in this case, starting
In relation to this, the Plaintiff approved the obligation by paying (transfer) interest (200,000 won a month) on this portion of the loan by May 2017, and both the Plaintiff and the Defendant around October 2017.