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. Basic facts

A. On August 16, 2012, Busan Savings Bank (former trade name: Busan Mutual Savings Bank; hereinafter “BF”) was declared bankrupt on August 16, 2012, and the Plaintiff was appointed as a trustee in bankruptcy of Busan Savings Bank on the same day.

B. On April 4, 1996, a foreign exchange credit card company (hereinafter “foreign exchange card”) entered into a credit card transaction agreement with the Defendant (hereinafter “instant agreement”). According to the agreement, the Defendant subscribed as a credit card holder of the foreign exchange card and used the credit card as a credit card holder, and the foreign exchange card was to receive the payment from the designated settlement account automatically on the designated date of each month.

The defendant obtained a credit card and used it in accordance with the above agreement, but did not pay the credit card use price for the foreign exchange card from October 18, 1997.

C. On November 11, 2002, foreign exchange cards filed a payment order against the Defendant for the payment of overdue credit card bills (hereinafter “previous payment order”) and issued a payment order on November 12, 2002 by the above court. The above payment order was finalized on January 7, 2003.

On May 28, 2004, a limited liability company specializing in Es.S. Asset-Backed Co., Ltd. (hereinafter “Es. Asset-Backed Co., Ltd”) received a claim based on the previous payment order from the foreign exchange card from the Defendant on March 7, 2003. On January 31, 2004, it transferred the claim to the Busan Busan Savings Bank, and on January 31, 2004, it notified the transfer of the claim that the outstanding interest and interest on the payment was KRW 4,953,491 (=2,032,104 Won 2,921,387).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination as to the cause of action

A. The claim under the instant agreement against the Defendant of the foreign exchange card was transferred in sequence to the Defendant and Busan Mutual Savings Bank in order, and all the fact of transfer was assigned to the Defendant.