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

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

The Plaintiff, as the cause of the instant claim, lent KRW 100,000,00 to Defendant B on July 1, 2008 by setting the maturity period of KRW 6% per annum and July 1, 2009. Defendant C asserted that the above loan obligation was jointly and severally guaranteed. The Defendants asserted that five years have already elapsed, a commercial statute of limitations period, if the above loan for consumption was acknowledged.

It is clear that the extinctive prescription of the Plaintiff’s claim has expired since the application for the instant payment order was filed on September 28, 2016, when the Plaintiff, a merchant, who is a merchant, committed a lending act as alleged by the Plaintiff, by deeming the act to be a commercial activity and presumed to be an act for business purposes (Article 47(1) of the Commercial Act).

The plaintiff asserts that the loan for consumption of this case was a personal loan to the non-party D, the representative director of the plaintiff, and therefore, there is no ground for claiming the payment of the loan of this case against the defendants, not the lender, who is not the borrower, and therefore the plaintiff's assertion is without merit.

The plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.