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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 24, 2003, the Defendant joined Samsung Card Co., Ltd. as a credit card member and used the credit card of the said company. The unpaid credit card use amount as of October 24, 2003 is KRW 15,798,193 (hereinafter “instant credit card payment”).
B. Meanwhile, on October 24, 2003, ELD Investment Securities Co., Ltd. concluded an asset transfer contract with Samsung Card Co., Ltd. and received all rights, such as the credit card price claim, interest incidental thereto, delay damages, etc., and again transferred all of the above claims to the Plaintiff according to an asset transfer contract concluded between the Plaintiff and the Plaintiff on the same day, and then sent a notice of the transfer of claims to the Defendant by content-certified mail on December 18, 2003 pursuant to Article 7 of the Asset-Backed Securitization Act.
C. The agreed interest rate for delay on the instant credit card payment is 28% per annum.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings.
2. Judgment on the parties' arguments
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the credit card price of KRW 15,798,193 and the damages for delay calculated at the rate of 17% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, to October 12, 2010, clearly indicated that it is the delivery date of the original copy of the payment order of this case from October 25, 2003, barring special circumstances.
B. The defendant's defense against the statute of limitations is proved to have expired by the statute of limitations on the credit card payment claim of this case.
Therefore, the fact that the maturity period of the above credit card payment claim is around 2003 is the same as mentioned above, and the above credit card payment claim is a claim arising out of commercial activities, and thus the extinctive prescription period is five years, and five years have passed since the lawsuit in this case was filed.