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

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

1. Facts of recognition;

A. D Limited Liability Company D (hereinafter “D”) was changed to E on April 29, 2002, and changed to F Limited Liability Company, August 23, 2004, hereinafter “D”) is a company that aims at construction business, etc., and Defendant B was the representative director of D and Defendant C was the directors of D.

B. The Plaintiff contracted the construction of the steel framed with D to perform the construction work. D did not pay the Plaintiff KRW 40 million out of the construction cost.

C. On April 15, 2005, the Plaintiff and the Defendants drafted a notarial deed under a monetary loan agreement with the effect that “the Plaintiff, on April 15, 2004, lent KRW 40 million to Defendant B on March 31, 2007, with the maturity of payment fixed on March 15, 2007, and Defendant C guaranteed the Defendant B’s obligation of the above loan to the Plaintiff” (hereinafter “instant notarial deed”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The Defendants asserted that the above debt under the notarial deed of this case was extinguished by the statute of limitations on the premise that the period of the five-year statute of limitations is applicable to commercial debt. As to this, the Plaintiff asserted that the period of the statute of limitations has not expired since the Plaintiff did not exceed ten years since the due date for payment on the premise that the obligation under the notarial deed of this case is a general civil debt, which is subject to the ten-year statute of limitations. Therefore, the Defendants’ intention and defenses are first determined.

A claim arising from an act falling under a commercial activity as well as a claim arising from an act falling under a commercial activity for both parties is also a commercial claim to which the five-year extinctive prescription under Article 64 of the Commercial Act applies. Such commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act but also auxiliary commercial activity which merchants carry on for their own business.

(b).