1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On January 16, 200, the Defendant entered into a credit card loan agreement with Samsung Card Co., Ltd. (hereinafter “Tsung Card”) and set the interest rate of 22% per annum and interest rate of 24% per annum, respectively, and received a loan of KRW 1,440,00 (hereinafter “instant loan”).

B. On February 6, 2006, Samsung Card transferred the instant loan claim against the Defendant to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), as of January 31, 2006, the principal and interest of the instant loan claim amounting to KRW 824,00, overdue interest KRW 314,585, and KRW 1,138,585. Around that time, Samsung Card notified the Defendant of the above transfer, and on April 26, 201, Solomon Mutual Savings Bank transferred the said loan claim to the Plaintiff and notified the Defendant thereof.

C. The principal and interest of the instant loan on August 11, 2015 are KRW 2,364,480 in total (i.e., principal interest of KRW 724,640,480).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, and 8, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff the amount of KRW 2,364,480 and the amount of KRW 724,00,00 per annum as the defendant seeks from August 12, 2015 to the date of full payment.

B. As to the judgment on the defendant's defense, since the defendant has proved that the claim of the loan of this case had already expired at the time of the lawsuit of this case, the claim of this case is a commercial claim arising from the commercial activity of Samsung Card Co., Ltd., and the extinctive prescription period is five years pursuant to Article 64 of the Commercial Act.

As seen earlier, as of January 31, 2006, the principal and interest of the instant loan claims as of the time when Solomon Co., Ltd was transferred the instant loan claims, were KRW 824,00, overdue interest KRW 314,585, and the overdue interest rate at the time was 24% per annum. In light of the fact that the instant loan claims were transferred, the instant overdue interest rate was 24% per annum.