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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Defendant, on March 29, 2001, subscribed as a credit card member of Choung Bank and was issued a credit card and used. On February 11, 2003, the Defendant was granted a loan of KRW 3.930,000 from the National Credit Card Co., Ltd.
B. On October 24, 2003, the KG Investment Securities Co., Ltd and the Korean Credit Card Co., Ltd. transferred the above credit card claims and loans to each of the Defendant to the LG Investment Securities Co., Ltd., and the LG Investment Securities Co., Ltd. again transferred each of the above claims to the Plaintiff, a special purpose company incorporated under the Asset-Backed Securitization Act, and notified the Defendant of the transfer of the claims around December 18, 2003.
C. Based on each of the above assignment claims, the Plaintiff filed an application with the Defendant for a payment order claiming payment of the amount equivalent to 4,351,411 won with the Seoul Northern District Court Decision 2004Da34924 (= Claim 922,571 won National Card Claim 3,428,840 won) and the payment order from October 24, 2003 to the delivery date of payment order, which is the transfer date of payment order, with the statutory interest rate of 6% under the Commercial Act, and from October 24, 2003 to the delivery date of payment order.
The payment order of Seoul Northern District Court 2004Da34924 dated November 22, 2004 accepting the plaintiff's above payment order was served on the defendant on May 18, 2005, and the defendant did not raise any objection within two weeks, so that the defendant does not raise any objection within two weeks.
6. 2. The decision was finalized as is.
(hereinafter referred to as “transfer payment order”) e.
On February 10, 2015, the Plaintiff applied for the instant payment order for the extension of the extinctive prescription period against the Defendant, which was finalized by the said payment order.
F. As of February 9, 2015, without additional repayment of the Plaintiff’s claim against the Defendant as of February 9, 2015, the principal amount = KRW 4,351,261 = 922,571 National Card Claim 3,428,690, was appropriated for the principal amount exceeding KRW 150 compared to the payment order at the time of payment order.