1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 26, 2001, the Plaintiff concluded a credit card transaction agreement with C Co., Ltd. (hereinafter “C”) and lost the benefit of time due to the credit card user’s obligation by using the credit card.

B. On October 31, 2002, D Bank shall take over the Credit Card Use Price Claim against the Plaintiff (hereinafter “instant claim”) from C, and after giving notice of transfer to the Plaintiff, filed a lawsuit against the Plaintiff under Seoul East Eastern District Court 2004Gada30083 on February 23, 2004, and filed a lawsuit seeking the payment of the instant claim against the Plaintiff, and on February 24, 2004, “the Plaintiff shall pay to D Bank 5,486,824 won and its 3,593,320 won with the interest of 20% per annum from October 21, 2003 to the day of full payment” (hereinafter “instant performance recommendation decision”), and the above decision became final and conclusive on March 17, 2004.

C. On June 15, 2011, the Defendant acquired the instant claim from the D Bank and notified the Plaintiff of the transfer.

On March 5, 2015, the Defendant filed a payment order with the Plaintiff seeking payment of the instant claim with the Seoul Central District Court (Seoul Central District Court Decision 2015 tea5045, Mar. 18, 2015, the Defendant issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 14,57,217 won and 3,528,680 won, whichever is the rate of 20% per annum from March 31, 2015 to the date of full payment” (hereinafter “instant payment order”), and the said payment order became final and conclusive on April 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 3, 4, and 5, facts with this court, the purport of the whole pleadings

2. The assertion and judgment

A. Since the plaintiff's claim of this case became extinct due to the expiration of the extinctive prescription, compulsory execution based on the payment order of this case shall not be permitted.

B. We examine the judgment, D Bank's claim for the amount of credit card use on February 23, 2004, which was obviously before the lapse of five years from the date of loss of the benefit of the time limit of the instant claim.