양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8, the defendant was issued with a credit card from EL branch on April 14, 2000 and used it on or around February 2003, and did not pay the card price (the instant card price) and delayed payment. EL branch bank transferred the above card price claim against the defendant under the asset transfer contract dated October 24, 2003 to EL branch (EL branch investment securities), and EL branch investment securities again transferred it to the plaintiff (the second transfer) by the securitization assets transfer contract on the same day. The fact that the defendant notified the defendant of the fact of the above transfer as of December 18, 200, the principal of the credit amount of the credit amount as of October 24, 2003, and the overdue interest rate of 250% per annum as of October 24, 2003.
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant credit card payment claim, 6,250,000 won, and 17% per annum as requested by the Plaintiff from October 25, 2003 to April 28, 2007, when the original copy of the instant payment order was served on the Defendant. Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, Article 2(1) of the Addenda of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 3(1) of the former Act on Special Cases Concerning Legal Proceedings, and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).
2. The defendant's assertion asserts that the extinctive prescription of the credit card price claim of this case has expired.
The fact that the credit card purchase-price claim of this case began to be overdue from February 2003 is as seen earlier, and the plaintiff seeking payment of this case.