1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The party's assertion

A. The Plaintiff’s assertion 1) The Defendant concluded a credit card use contract with another bank, and was liable for the credit card debt amounting to KRW 1,892,338 as of August 29, 2003 by using the credit card. The instant credit card credit card claim of another bank (hereinafter “the instant credit card claim”) was finally transferred to the Plaintiff on November 12, 2014 through the Promotion Savings Bank Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Ltd., Co., Ltd., Co., Ltd., Ltd., and mentoron loan Co., Ltd., Ltd., Ltd. (hereinafter “the instant credit card claim”).

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 7,792,959 as well as the amount of delay damages for KRW 1,892,338 as principal.

B. Defendant’s assertion 1) The Defendant did not have received the notification of the transfer of the instant credit card from the financial institutions that transferred the instant credit card claim as well as Cho Ho Bank, and thus, the Plaintiff cannot be deemed to have lawfully transferred the instant credit card claim from Cho Ho Bank. 2) The extinctive prescription of the instant credit card claim has expired.

2. Determination:

A. Each statement in Gap evidence Nos. 6 through 8 alone can only be acknowledged that the first transferor, the second transferor, and the fourth transferor, respectively, sent a postal item notifying the defendant of the assignment of the assignment of the assignment, and there is no evidence to prove that the third transferor (Croman Loan Co., Ltd.) notified the defendant of the notification of the assignment of the assignment of the assignment, and there is no evidence to prove that the first, second, and fourth assignment of claims were delivered to the defendant.

B. Meanwhile, the instant credit card claim constitutes commercial credit. Even if it appears on August 29, 2003, which was the base date for which the principal and interest of the instant credit was calculated at the time of transferring the instant credit card to the Promotion Savings Bank, the Plaintiff applied for the payment order only after September 4, 2015, which was more than five years thereafter.