1. The plaintiff's claim is dismissed.

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

The fact that the Defendant, around October 4, 2007, received KRW 30 million from the Plaintiff from the Plaintiff and agreed to pay the principal (=one million won interest) to the Plaintiff up to April 10, 2008 after determining the cause of the Plaintiff’s claim, that the Defendant agreed to pay the principal (=one million won interest) to the Plaintiff by April 10, 2008, may not be disputed between the parties or be recognized by comprehensively taking into account the entries in the evidence No. 1 and the purport of the entire pleadings.

The Plaintiff received interest of KRW 1 million from the Defendant on June 6, 2008, the principal of KRW 5 million on June 6, 2009, and KRW 10 million on November 9, 2010.

Therefore, barring special circumstances, the defendant is obligated to pay the remaining principal amount of KRW 15 million to the plaintiff and damages for delay.

(2) Article 47 of the Commercial Act provides that “The Plaintiff shall pay KRW 29,00,00,000,000 as interest and delay damages from June 7, 2008 to February 29, 2016.” Meanwhile, even if the Defendant’s claim is not the loan but the investment amount, there is no difference in the Defendant’s duty to pay insofar as the Defendant has agreed to return the said KRW 30,000,000.” The Defendant’s legal doctrine regarding the determination of extinctive prescription defense against the Defendant’s commercial affairs for business purposes is presumed to have been conducted for business purposes, and the merchant’s act is presumed to have been conducted for business purposes (Article 47 of the Commercial Act). The extinctive prescription period for claims arising from commercial activities expires unless it is exercised for five years (the main sentence of Article 64 of the Commercial Act). Commercial activities include not only the basic commercial activities falling under Article 46 of the Commercial Act, but also the purport of the Defendant’s testimony and auction as a witness’s entire business activities (see Supreme Court Decision 20006Da1697.7.7.