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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. Basic facts
A. C Co., Ltd. entered into a credit card use contract with the Defendant on July 2002 and issued a credit card to the Defendant.
B. On June 26, 2003, C Co., Ltd. transferred the credit card user price claim against the Defendant (hereinafter “instant card price claim”) to D Co., Ltd., and notified the Defendant of the assignment of the above credit by content-certified mail on July 26, 2003.
C. On June 15, 2011, D Co., Ltd concluded an asset transfer agreement with the Plaintiff and transferred the above claim against the Defendant to the Plaintiff. Around August 10, 2011, D Co., Ltd notified the Defendant of the transfer of the above claim by content-certified mail.
The amount of claims against the Defendant as of April 25, 2017 by the Plaintiff is KRW 17,804,694,694, including the principal amount of KRW 3,894,290 and interest of KRW 13,910,404.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the Plaintiff, the transferee of the credit card price claim of this case, a total of KRW 17,804,694, and the principal amount of KRW 3,894,290, except in extenuating circumstances.
B. The Defendant asserted that the credit card payment claim of this case has expired by prescription, and thus, the Defendant appears to have due date for the payment of credit card payment within one month from the date when the Defendant used the credit card (the Defendant did not specifically claim the date). The Plaintiff’s lawsuit of this case was filed on April 28, 2017, which was five years after it was filed on April 28, 2017. Meanwhile, according to the overall purport of the statement and arguments as to the evidence No. 4, the Defendant against the Defendant on April 11, 2007, which was within five years from the date when the Defendant’s credit card payment claim against the Defendant was issued.