1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 20, 200, the Plaintiff entered into a credit card transaction agreement with C Co., Ltd. (hereinafter “C”) and lost the benefit of time due to the credit card use of credit card around July 2001.

B. On October 31, 2002, the D Bank shall take over the Credit Card Use Price Claim against the Plaintiff from C (hereinafter “instant claim”) and filed a lawsuit seeking payment of the instant claim against the Plaintiff under Incheon District Court Decision 2006Gaso26531 on June 12, 2006, and on August 19, 2006, “the Plaintiff shall pay to D Banks 5,856,294,824 won and 2,794,824 won, calculated at the rate of 20% per annum from December 21, 2005 to the date of full payment” (hereinafter “instant performance recommendation decision”) and the above decision was finalized on September 9, 2006.

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

On March 11, 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 tea5850, Mar. 23, 2015; “The Plaintiff shall pay to the Defendant the amount of KRW 11,461,162 as well as KRW 2,741,54 as interest rate of KRW 20% per annum from April 2, 2015 to the date of full payment” (hereinafter “instant payment order”); and the said payment order became final and conclusive on April 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, Eul evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s claim in this case is not only extinguished by the completion of extinctive prescription, but also the amount of the claim is less than the amount claimed by the Defendant, so compulsory execution based on the payment order in this case should be denied.

(b)in the case of a final and conclusive payment order, the payment order will take place before the issuance of the payment order with respect to the claim which became the cause of the claim.