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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.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 5 (including additional numbers) and the purport of the entire pleadings, ① a lot card corporation (hereinafter referred to as "slot card") issued a credit card to the defendant around December 28, 200 and used it; the defendant lent money to the defendant around November 20, 201; ② a lot card and community credit cooperatives transferred the credit card price and loan claims to the plaintiff around June 28, 2013; ② the Plaintiff notified the fact that the Plaintiff was delegated with the authority to notify the assignment of the assignment of claims; ③ the sum of principal and interest of the above claims as of January 15, 2015 = 12,76,563 won [the principal and interest of 4,520 won [the principal and interest of 1,520 won [the amount of claims acquired from a lot card]; the principal and interest of 1,520 won and damages for delay; and
According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 12,766,563 and delay damages for the principal amount of KRW 4,528,020, except in extenuating circumstances.
2. Judgment on the defendant's defense
A. The defendant's assertion that the defendant had not used credit cards and repaid credit cards from November 20, 202 after the due date of each of the above claims. Thus, the plaintiff's claim has become extinctive prescription under the Civil Act or the Commercial Act.
B. (1) Determination is made: (a) a claim arising from an act constituting a commercial activity is also a commercial claim to which the period of extinctive prescription of five years under Article 64 of the Commercial Act applies to a claim that was acquired from a lot card company, and pursuant to Articles 5(2) and (1) and 47(1) and (2) of the Commercial Act, a company shall be deemed a merchant even if it does not engage in a commercial activity, and a merchant’s act for business purposes is deemed a commercial activity, and the merchant’