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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On June 12, 2007, the Plaintiff lent KRW 9 million to Defendant B on September 30, 2007 and on condition of 2% per month of the interest rate.
(hereinafter “instant loan”). The loan certificate drawn up at the time of the instant loan is written by Defendant C and D as joint and several sureties, respectively.
(hereinafter “this case’s loan certificate”). (b)
At the time of the instant lease, the Plaintiff was operating the said entertainment establishment E, and the Defendant B started to work at the said entertainment establishment from June 13, 2007.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2-1, the purport of the whole pleadings
2. Determination as to claims against Defendant B and C
A. Defendant C and C are jointly and severally liable to pay the instant loan and delay damages to the Plaintiff, barring any special circumstance, since there is no dispute between the parties that jointly and severally guaranteed the instant loan obligations.
B. Defendant B and C’s defense that the statute of limitations expired on the instant loan claims.
Article 47(1) of the Commercial Act provides that "the act of a merchant on behalf of his/her business shall be deemed a commercial activity." Since Article 47(2) of the same Act provides that "the act of a merchant on behalf of his/her business shall be presumed to be an act of the merchant on behalf of his/her business," the act of the merchant whose business is not certain is presumed to be an act of the merchant on behalf of his/her business, and in order
However, even if a merchant does not engage in a business of lending money, there may be cases where he/she lends money for business interest or benefit, or lends money for the purpose of acquiring interest because he/she has enough business funds. Therefore, such a merchant's lending of money is conducted for business unless there is any counter-proof.