1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

1. The reasons for the acceptance and amendment of the judgment of the court of first instance are as follows, except for the case where the part "No. 19, 2013" in section 4, 14, 201, i.e., " May 19, 2013," and the part "No. 6, 13, 2003, i.e., May 19, 2003, i.e., May 19, 2003, i.e., May 19, 201) is applied to the reasons for the judgment of the court

[The part for repair] The fact that Defendant B borrowed KRW 90 million from the Plaintiff on May 19, 2003 to use it as the purchase fund for the purchase of the instant land is as seen earlier. Thus, Defendant B is obligated to pay the Plaintiff KRW 90 million, barring any special circumstance.

Defendant B raises a defense to the effect that “The Plaintiff’s loan credit against Defendant B (hereinafter “the instant loan credit”) had already expired upon the expiration of the extinctive prescription period.”

On the other hand, a claim arising from an act falling under a commercial activity for both parties as well as a claim arising from an act falling under a commercial activity is also a commercial claim to which the extinctive prescription period of five years under Article 64 of the Commercial Act applies. The commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also the ancillary commercial activity which a merchant conducts for business, and the merchant's act is presumed to have been conducted for business, but also the commercial activity is presumed to have been conducted for business.

(2) In the case of this case, the Plaintiff, a stock company, constitutes a “by-law” under Article 4 of the Commercial Act or a “by-law” under Article 5(2) of the Commercial Act, and thus, the Plaintiff’s act of lending the instant loan to Defendant B, unless there is any other counter-proof.