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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff loaned KRW 30 million to the Defendant (hereinafter “first loan”) on or around January 23, 2003 on or around May 1, 2004. ② Around September 30, 2004, the interest rate of KRW 24% per annum was set as of September 30, 2005; and KRW 20 million was set as of September 30, 2005 (hereinafter “second loan”); and the first and second loans were referred to as “each of the instant loans”; the Defendant’s principal and interest of KRW 2724 million up to August 30, 2004; KRW 786 million up to July 26, 2006; KRW 497,500,000 up to September 31, 2006; and thus, the Defendant was obligated to pay the Plaintiff the principal and interest of KRW 497,700,000,000,000.
B. The Defendant did not borrow the second loan from the Plaintiff’s assertion, and even if the Plaintiff borrowed the second loan from the Plaintiff, each of the instant loan claims is not only lent by the Defendant, a merchant operating a private teaching institute at the time, but also a merchant operating a private teaching institute. As such, each of the instant loan claims is a commercial bond, the five-year extinctive prescription period under Article 64 of the Commercial Act has expired.
2. Determination
A. According to the evidence evidence Nos. 2 and 4 as to whether the second loan was borrowed, the Defendant prepared a certificate of loan to the effect that the Defendant borrowed KRW 20 million on Sep. 30, 2004, and on Oct. 1, 2004, it is recognized that on Oct. 1, 2004, the Plaintiff created a right to collateral security with the maximum debt amount of KRW 26 million with the Plaintiff as the mortgagee. According to the above facts, the Defendant borrowed the second loan from the Plaintiff.
B. A claim arising from not only a commercial activity but also a claim arising from an act that constitutes a commercial activity against both parties as well as a claim arising from an act that constitutes a trade activity.