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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance other than the parts cited in the following sub-paragraph 2. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. In addition, the Defendant asserts that the Plaintiff paid KRW 22,00,000 as investment money to the Jindo Co., Ltd. (hereinafter “Kindo”), which is a multi-level business business, the extinctive prescription of five years under the Commercial Act is applied to a claim arising out of commercial activities for business purposes. The instant lawsuit was filed five years after April 23, 2006, which is the date of return of the above investment deposit repayment claim, and the Defendant’s guarantee obligation also ceased to exist due to its influent nature.
On the other hand, the Plaintiff’s claim of this case is a claim against the Defendant for the agreed amount pursuant to the above loan certificate, and this claim is subject to the ten-year extinctive prescription as prescribed by the Civil Act. It is obvious in the record that the lawsuit of this case was filed on September 11, 2013, which was 10 years after the lapse of 10 years from April 23, 2006, the due date for payment. Thus, the Defendant’s above assertion is without merit.
B. On the 3rd page 6, the 3rd page 6’s “(3)” is regarded as “(4).”
3. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.