1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 31, 2001, the Plaintiff obtained and used a credit card from the Korea Credit Card Co., Ltd., and on February 7, 2002, the Korea Credit Card Co., Ltd. transferred the credit card payment claim to the Plaintiff to the limited company specializing in the next securitization, and notified the Plaintiff of the transfer of the credit.

B. Since then, on September 30, 2004, the Korean Financial System Specialized Company transferred the above claims to the Defendant on September 30, 2004, and notified the Plaintiff of the assignment of claims on October 7, 2004.

C. On August 14, 2008, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of the above amount of takeover with the Seoul Central District Court 2008 tea59180, and on September 3, 2008, the Defendant issued a payment order with the content that “the Plaintiff shall pay to the Defendant the amount of KRW 7,582,255 and the amount of KRW 2,500,000 per annum from August 5, 2008 to the date of full payment.” The above payment order was finalized on September 24, 2008.

(hereinafter referred to as “instant payment order”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. It is reasonable to deem that the Defendant’s claim against the Plaintiff by the Plaintiff was incurred before December 31, 2001, when the first assignment of claim was made. The Plaintiff’s claim is a commercial obligation to which the period of extinctive prescription of five years applies. Since the Defendant applied for the instant payment order on August 14, 2008, which was five years after December 31, 2001, since the Defendant applied for the instant payment order, the enforcement claim, which is the basis of the said payment order, was already extinguished by extinctive prescription.

Therefore, compulsory execution based on the above payment order should not be permitted.

B. According to the facts as to the extinction of the statute of limitations of the claim for the transfer money of this case, the Defendant’s claim for the transfer money of this case was transferred before the credit card payment claim against the Plaintiff of Korea Credit Card Co., Ltd., and the five-year commercial extinctive prescription is applied to the above claim.