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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. Determination on the cause of the claim
A. The Defendant, upon entering into a credit card contract with an enterprise bank, was issued a credit card and used. On October 24, 2003, the amount of the unpaid credit card was KRW 2,549,998 (hereinafter “instant bonds”).
(2) On October 24, 2003, a corporate bank transferred the instant claim to the Plaintiff on the same day. The Plaintiff notified the Defendant of the transfer of the said claim under Article 7(1) of the Asset-Backed Securitization Act.
3) The Plaintiff filed an application with the Defendant for the payment order as Seoul Southern District Court 2007 tea1479, and the above court issued the payment order on January 31, 2007, stating that “The Defendant shall pay to the Plaintiff 17% per annum from October 25, 2003 to the service date of the instant payment order, and 20% per annum from the next day to the full payment date,” and the above payment order was served to the Defendant on February 9, 2007 and finalized on February 24, 2007 (hereinafter “instant payment order”).
(4) On November 17, 2016, the Plaintiff filed an application with this court for a payment order under the 2016 tea 85279 for the extension of the extinctive prescription of the claim established by the instant payment order, and the Defendant filed an objection and implemented the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of recognition, the defendant shall pay to the plaintiff 2,549,98 won and the damages for delay calculated at the rate of 17% per annum, which is the agreement rate from October 25, 2003 to February 9, 2007, which is the delivery date of the original copy of the payment order of this case, and 20% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from the next day to September 30, 2015; and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.