1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. On March 30, 2010, the Defendant and Nonparty C, while taking charge of the business affairs at the Plaintiff Company, prepared a cash storage certificate with the following contents in relation to the operating expenses to be received from the Plaintiff Company.

A guarantor of cash custody certificate: C guarantor: A on March 30, 2010, he/she takes custody of KRW 50 million in cash from A (Plaintiff) and promises to return the full amount thereof until August 25, 2010.

A Representative Director D / [Grounds for Recognition] without dispute, entry of Gap evidence 1, purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendant is obligated to refund to the plaintiff KRW 50 million and damages for delay after the due date for payment, as provided in the above cash custody certificate, unless there are special circumstances.

B. As to this, the defendant defenses that the plaintiff's claim based on the above cash storage certificate has expired at the lapse of five years from the expiration of the commercial statute of limitations.

A claim arising from an act that has both parties to a commercial activity as well as a claim arising from an act that constitutes a commercial activity is subject to the period of five years under Article 64 of the Commercial Act. Such 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 that a merchant performs on behalf of the merchant. It is presumed that the merchant's act is considered as a commercial activity and that the merchant's act is conducted on behalf of the merchant (see, e.g., Supreme Court Decision 2002Da6760, Sept. 24, 2002). Accordingly, it is presumed that the Plaintiff company, as a merchant, collects a cash custody certificate from the Defendant in relation to its business activity and receives a five-year extinctive prescription period, and thus, the Defendant's debt has expired after the lapse of five years from Aug. 25, 2010.

Therefore, it is eventually.