1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant is a person who has been engaged in the used car transaction business in B within the Busan annual automobile trading complex from June 2006 to November 2008.

B. Around June 15, 2006, the Defendant borrowed money from the Plaintiff on the following grounds: “Around June 15, 2006, the Defendant purchased the vehicle with the money, and sold the vehicle and repaid the borrowed money. Even if the vehicle is not sold, the Defendant would pay the interest of two parts of the vehicle more.”

C. Accordingly, the Plaintiff loaned a total of KRW 150,30,000 to the Defendant for the purpose of the purchase price of used cars over a total of 16 times from June 15, 2006 to August 16, 2007, as shown in the attached Table. D.

On September 16, 2008, the Defendant drafted a certificate to compensate the Plaintiff for damages incurred by the Plaintiff in relation to the above loan (hereinafter “instant certificate”).

[Ground of recognition] Facts without dispute, Gap 1 and 2, the whole purport of the pleading

2. According to the above facts and the Plaintiff’s purport of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 143.9 million, excluding KRW 10.4 million as of June 15, 2006, out of the borrowed amount of KRW 1554.3 million (hereinafter “instant loan claim”), interest thereon, and delay damages.

3. The Defendant’s defense of extinctive prescription is based on the defense that the five-year extinctive prescription period has expired as a commercial claim. (2) A claim arising from an act of commercial activity against both parties or one of the parties constitutes a commercial claim to which the five-year extinctive prescription period under Article 64 of the Commercial Act applies. Such commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also ancillary commercial activity performed by merchants for business purposes.

Article 47 (1) of the Commercial Act provides that "any act performed by a merchant for business purposes shall be deemed a commercial activity," and Article 47 (2) of the same Act shall apply.