1. The plaintiff's claims against the defendants are all dismissed.

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

1. The Plaintiff loaned KRW 60 million to the Defendants on August 23, 2007, and the Defendants agreed to pay KRW 5 million from October 2007 to September 20, 2008, either there is no dispute between the parties, or the Plaintiff’s claim against the Defendants based on the entire purport of pleading as a whole (hereinafter “instant loan claim”). According to these facts, the Defendants are jointly and severally liable to pay the Plaintiff the loan amount of KRW 60 million and damages for delay.

2. Determination on the statute of limitations defense

A. The Defendants asserted that the instant loans were subject to the five-year commercial extinctive prescription against commercial claims. Since five years have elapsed from September 20, 2008, the last due date for payment, the Defendants asserted that the instant loans were extinguished by the statute of limitations.

In this regard, the Plaintiff asserted that, since the instant loan claims are ordinary claims, not commercial claims, the ten-year civil extinctive prescription has not been completed.

B. Claim arising from an act that has both parties to a judgment as a commercial activity as well as claim arising from an act that constitutes a commercial activity is also a commercial claim to which the period of extinctive prescription of five years under Article 64 of the Commercial Act applies. 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 performed by merchants for business purposes.

In addition, according to Articles 5 and 47 of the Commercial Act, the company is regarded as a merchant even if it does not engage in commercial activities, and the act performed by the merchant for business is regarded as a commercial activity, and the act of the merchant is presumed to be done for business.

Therefore, the company's act is presumed to be done for its business, and the company's act for its business should be considered as a commercial activity.