1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is to add the following “2. Additional Determination” to the assertion that the plaintiff emphasizes or adds to this court, and cites it as it is stated in the reasoning of the judgment of the court of first instance, except for any addition or modification as follows.

On the three-dimensional basis of the judgment of the court of first instance, if a claim arising from an additional commercial activity is not exercised for five years, the extinctive prescription shall expire (Article 64 of the Commercial Act); an act performed by a merchant for business purposes shall be deemed a commercial activity (Article 47(1) of the Commercial Act); and an act performed by a merchant shall be presumed to be performed for business

(2) In addition, Article 47(2) of the Commercial Act provides that a person who prepares for a business prior to commencement of a commercial activity which is an object of the business shall realize an intent to engage in a commercial activity. As such, when preparing for a business, he/she shall be qualified as a merchant at the time of the preparation, and an act of preparing for a business shall be an act for the purpose of the business, and such act of preparing for a business shall be an act for the first time as an act for the purpose of the business. Although such an act is not necessarily necessary to clearly and externally indicate the business intention through a trade name registration opening business advertisement or a signboard attachment, if the other party can objectively recognize the business intention in light of the nature of the preparatory act such as employment of a trade employee acquiring a store, the preparation is an auxiliary commercial activity, and the provisions of the Commercial Act on the commercial activity are applicable thereto (see Supreme Court Decision 2011Da104246, Apr. 13, 2012). According to the foregoing changed legal doctrine, the acquisition by the defendant, etc. of D from the plaintiff to conduct a landscaping.

2. Additional determination

A. The plaintiff is the plaintiff of this case.