1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 21, 2002, the networkV (hereinafter “the network”) operated a fee-charging job placement service and arranged the Defendant to work in a different area on his own, and received the introduction fee. In relation to the settlement of the amount of debt against the Multilater, the Defendant prepared a cash storage certificate from the Defendant that the Deceased lends KRW 10,000,000 to the Defendant without setting the due date for payment.

(hereinafter “instant loan”) b.

The Deceased died on November 26, 2004, and the Plaintiff is his heir as the death of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 19, witness X's testimony, the purport of the whole pleadings

2. The plaintiff asserted and determined on February 21, 2002 lent KRW 10,00,000 to the defendant on February 21, 2002. The defendant sought to return the above loan to the plaintiff who is the inheritor of the deceased.

In this regard, the defendant asserts that the deceased is a merchant and the deceased's act of lending this case to the defendant constitutes commercial activities for business purposes, and thus the claim based on this constitutes commercial claims, and the five-year extinctive prescription has expired.

On the other hand, a claim arising from an act of a commercial activity for both parties as well as a claim arising from an act of a commercial activity for both parties is also a commercial claim to which the extinctive prescription period 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 the ancillary commercial activity which a merchant performs for business purposes.

(See Supreme Court Decision 93Da54842 delivered on April 29, 1994, etc.). In addition, Article 47(1) of the Commercial Act provides that “the act performed by a merchant on behalf of his/her business shall be deemed as a commercial activity.” Article 47(2) of the Commercial Act provides that “the act of a merchant on behalf of his/her business shall be presumed to be an act for his/her business.