1. A notary public of the Defendant against the Plaintiff, No. 250, 201, drawn up by C on April 8, 2011 by Law Firm C.

1. Facts of recognition;

A. On April 8, 2011, the Defendant drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) with the purport that: (a) the Defendant loaned KRW 216,00,000 to D with the maturity of repayment on July 10, 201 (hereinafter “instant loan obligation”); (b) the Plaintiff jointly and severally guaranteed the instant loan obligation against D with the Defendant (hereinafter “instant guaranteed obligation”); and (c) if D and the Plaintiff fail to perform the obligation, the Defendant would recognize that there is no objection even if he was immediately subject to compulsory execution.

B. The Defendant and D are those engaged in the sales of each golf product.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the instant loan obligation constitutes a commercial obligation and the period of extinctive prescription is applied to five years. The extinctive prescription has expired five years after July 10, 201, when the due date was due.

Therefore, since the guaranteed obligation of this case expired due to the completion of the extinctive prescription of the loan obligation of this case, which is the principal obligation, according to the subsidiary nature of the guaranteed obligation, compulsory execution based on the Notarial Deed of this case shall be

B. The Defendant’s argument that the instant loan obligation is a civil obligation and the ten-year extinctive prescription period is applied, and D waives the benefit of extinctive prescription with the intent to recognize and repay the instant loan obligation, and thus, the Plaintiff’s assertion is without merit.

3. Determination

A. (1) Whether the statute of limitations for the instant loan obligation is five years or more (5) years, not only a claim arising out of an act that has been engaged in a commercial activity but also a claim arising out of an act that constitutes a commercial activity against either of the parties constitutes a commercial claim to which the five-year statute of limitations under Article 64 of the Commercial Act applies. In such commercial activity, not only the basic commercial activity falling under any of the subparagraphs of