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.

1. Determination as to the cause of claim

A. The Plaintiff, who was engaged in financial business, lent to Defendant B a total of KRW 24 million on September 17, 2001 (=4 million won), KRW 15 million on January 16, 1999, KRW 15 million on January 18, 199, and KRW 5 million on September 17, 2001.

B on April 8, 2005, Defendant B agreed to pay KRW 20 million up to July 8, 2005, when settling the existing debt with the Plaintiff, and Defendant C jointly and severally guaranteed this.

[Reasons] Facts without dispute, Gap 1, 2, 3, 4, 10, 12, and 14 evidence (Evidence A1 and 2) are established according to the entries of evidence A and the purport of the whole pleadings. The defendant C has no evidence to prove that evidence A1 and 2 was forged, but no evidence to prove it exists) and the purport of the whole pleadings.

B. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the settlement amount of KRW 20 million and damages for delay.

2. Judgment on the defendants' assertion

A. Defendant B, around 2004, engaged in pre-sale business with the Plaintiff and the Defendant as a partnership business. At the time, the Plaintiff showed a lot of benefits while taking charge of profit distribution, fund management, etc., and upon the completion of the partnership business, the Plaintiff and the Defendant, including the instant case, settled all claims and obligations between the Plaintiff and the Defendant.

However, it is not sufficient to recognize the defendant B's assertion only with the statement of No. 1, and there is no other evidence to regard otherwise.

We cannot accept this part of Defendant B’s assertion.

B. The Defendants asserted that the statute of limitations expired as to the Defendants’ assertion on the completion of the statute of limitations. The Defendants asserted that the statute of limitations expired as a commercial claim of this case.

A claim arising from an act falling under a commercial activity only for one of the parties as well as a claim arising from an act falling under a commercial activity is also a commercial claim to which the extinctive prescription period of five years under Article 64 of the Commercial Act applies.