1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 22, 2002, the Defendant obtained and used a credit card from Hyundai Card Co., Ltd.

B. On June 30, 2003, the Defendant delayed the payment of the credit card use price and the Hyundai Card Co., Ltd. transferred the credit card use price claim against the Defendant (hereinafter “the instant claim”) to a limited liability company specializing in Edididydydye securitization.

C. After that, the instant claim was transferred to Dasan C&C Co., Ltd. on March 11, 2009, and was transferred to the Plaintiff on July 1, 2011.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination:

A. The defendant defense that the claim of this case by the plaintiff, the final transferee of the claim of this case, had expired by prescription.

B. The claim of this case is derived from commercial activities, and five years of extinctive prescription is applied, and at least on June 30, 2003, which is the time when the claim of this case was transferred, the benefit of time has been lost and the maturity has arrived.

However, since the Plaintiff applied for the instant payment order on May 1, 2013, which was five years after the lapse of the five years from the Plaintiff, the instant claim was extinguished by prescription.

3. If so, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.