1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On April 15, 2004, Korea C&C Co., Ltd. transferred credit card claims against the Defendant to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) and notified the Defendant of the transfer around that time.

B. On July 22, 2005, the Solomon Mutual Savings Bank applied for a payment order against the Defendant with Seoul Central District Court 2005 tea 40101, and on August 12, 2005, the above court ordered the Defendant to pay the amount of KRW 23,159,653 to Solomon Mutual Savings Bank and KRW 11,97,103 among them and KRW 19% per annum from July 5, 2005 to the day of full payment. The above payment order was finalized on September 7, 2005.

(hereinafter referred to as “the instant payment order”). C.

On April 26, 2011, the Plaintiff received from Solomon Mutual Savings Bank a credit card use-price claim against the Defendant, and notified the Defendant of the transfer at that time.

[Grounds for recognition] The items of evidence Nos. 1 to 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff who is the final transferee the amount of KRW 23,159,653 and the amount of KRW 11,97,103 per annum from July 5, 2005 to the date of full payment.

B. The defendant asserts that the payment order of this case was extinguished five years after August 10, 200, which was the base date of extinctive prescription, since the creditor did not apply for provisional execution within the statutory period and the interruption of prescription is no longer effective pursuant to Article 172 of the Civil Act.

However, the Civil Procedure Act amended by Act No. 4201 of Jan. 13, 1990 has abolished the provisional execution application system in the payment order and made the payment order immediately finalized unless the debtor raises an objection within two weeks from the date of receipt of the payment order (Article 445 of the Civil Procedure Act).