1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff, around September 21, 2001, issued each credit card from the Hong Hong Bank Co., Ltd. and the foreign exchange credit card Co., Ltd. to use the credit card and delayed payment of the credit card price.

On June 30, 2003, Cho Hong Bank Co., Ltd. transferred its credit card payment claims against the Defendant to the limited company specializing in MM third-party securitization; on May 7, 2007, the limited company specializing in MM third-party securitization to Korea Lewre LLC; and on May 8, 2007, the Korea Exchange Credit Card Co., Ltd. respectively transferred its credit card payment claims against the Defendant to the Plaintiff; on July 31, 2003, the Korea Exchange Credit Card Co., Ltd. transferred its credit card payment claims against the Defendant to the limited company specializing in MM third-party securitization; on May 7, 2007, the EM third-party limited company was transferred to the Plaintiff on May 8, 2007; and on May 10, 2007, each of the above facts was notified to the Defendant.

C. Meanwhile, as of February 12, 2012, the principal and interest of the instant credit card payment claims are KRW 8,854,023, and the principal and interest of the instant credit card payment claims are KRW 6,789,182.

[Reasons for Recognition] Fact-finding, Gap evidence 1-5, Gap evidence 2-2, and the court below's determination as to the ground for claim as a whole, the defendant is obligated to pay to the plaintiff who acquired the credit card price claim of this case totaling KRW 8,854,023 of the principal and interest of the credit card price claim of this case and delay damages for principal amounting to KRW 6,789,182.

The defendant's assertion on the defendant's defense of extinctive prescription had used credit cards until May 2002, and the lawsuit of this case was filed five years after the lawsuit of this case. Thus, the prescription period for the credit card payment claim of this case expired.

Judgment

The principal at the time of transferring the credit card price claim of this case is the principal that the plaintiff sought to pay in the lawsuit of this case.