1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 8, 2002, the Defendant joined as a credit card holder of Hyundai Card Co., Ltd. (hereinafter “Modern Card”) and used the credit card from that time.

B. On January 27, 2006, Hyundai Card transferred to Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) a sum of KRW 1,900,833 (i.e., the principal and interest (i., the principal and interest of KRW 1,411,856) on the Defendant’s credit card payment overdue claim (hereinafter “instant claim”), and (ii) the same year.

2. 3. The Defendant notified the assignment of claims.

C. On April 16, 2009, Hyundai Capital transferred the instant claim to the Plaintiff, and the Plaintiff to whom the authority to notify the assignment of claims was delegated, notified the Defendant of the assignment of claims on or before December 2 of the same year.

As of June 10, 2015, the principal and interest of the instant bonds as of February 10, 2015 are the principal KRW 1,397,276; KRW 1,790,108; KRW 328,788; and KRW 4,683,682,00,00 for delay from February 27, 2009 to July 11, 2010; and KRW 1,167,510 for delay from July 12, 2010 to June 9, 2015.

[Ground of recognition] The facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, and 4, the fact inquiry results against Hyundai Capital Co., Ltd. of this court on May 18, 2016, and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the sum total of KRW 4,683,682 of the principal and interest of the instant claim and delay damages for KRW 1,397,276, except in extenuating circumstances.

B. The Defendant’s argument regarding the Defendant’s assertion is alleged to have extinguished by the statute of limitations. As such, it is obvious that the Defendant had already failed to pay the claim of this case around January 27, 2006, when the claim of this case was transferred to Hyundai Capital Capital, the Defendant appears to have due date for the payment of the claim of this case. The Plaintiff’s lawsuit of this case was filed on June 18, 2015, which was five years after the said lawsuit was filed. Thus, it is apparent that this case’s lawsuit was filed on June 18, 2015.