1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. From June 199, the Defendant borrowed money from B and repeatedly repaid it on several occasions. On February 1, 2007, the Defendant agreed to settle the Defendant’s debt amounting to KRW 80,000,000 between B and B, and to repay the said amount until February 1, 2008.

B. On July 27, 2017, the Plaintiff was against the Defendant from B.

On August 14, 2017, upon delegation of the power to notify the assignment of claims, the Defendant notified the Defendant of the assignment of claims by content-certified mail, and the notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the above loan amount of KRW 80,000,000 and the damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from February 2, 2008 to the delivery date of the copy of the complaint of this case from February 2, 2008 to the delivery date of the copy of the complaint of this case, and at the rate of 15% per annum as stipulated by the Act on Special Cases concerning

3. Judgment on the defendant's defense

A. The summary of the Defendant’s assertion is a merchant, and the Defendant had already expired the five-year commercial statute of limitations against the Defendant.

B. The claim arising from an act that constitutes a commercial activity for both parties as well as a claim arising from an act that constitutes a commercial activity for both parties constitutes a commercial claim with the extinctive prescription period of five years under Article 64 of the Commercial Act. Such a 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 that merchants carry on for their business.

In addition, according to Article 47 of the Commercial Code, a merchant's act for business is considered as a commercial activity, and the merchant's act is presumed to be for business.

b. the following;