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 June 2001, the Defendant entered into a credit card membership agreement with the EL branch Capital Co., Ltd. (hereinafter “EL branch credit card Co., Ltd.”) and used the credit card with the credit card, and delayed payment of the credit card price.

B. On October 24, 2003, ELD Card Co., Ltd. transferred the credit card payment claim against the Defendant (hereinafter “the instant credit card payment claim”) to ELDD Investment Securities Co., Ltd. on the same day, ELD Investment Securities Co., Ltd. transferred the instant credit card payment claim to the Plaintiff in accordance with the Asset-Backed Securitization Act on the same day. On December 18, 2003, the Plaintiff notified the Defendant of each of the above assignment of claims.

C. As of October 24, 2003, the principal amount of the instant card price claim is KRW 2,869,316, and the overdue interest rate of the instant card price claim is 17% per annum.

On March 14, 2007, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the credit card price claim of this case, 2006Gada69371, and was sentenced to the judgment of March 14, 2007, "the Defendant shall pay the Plaintiff 2,869,316 won and the amount calculated by applying 17% per annum from October 25, 2003 to February 9, 2006, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on May 26, 2007.

E. On December 8, 2016, the Plaintiff filed an application for the instant payment order against the Defendant for the interruption of the extinctive prescription of a claim based on the said final judgment, and the said demand procedure was implemented as the instant lawsuit upon the Defendant’s filing of an objection.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, there is a benefit in the lawsuit of this case brought for the interruption of extinctive prescription due to the excessive expiration of the extinctive prescription period of the claim based on the above final judgment, and the defendant has the interest in the lawsuit of this case brought against the plaintiff for the interruption of extinctive prescription, and from October 25, 2003 to February 9, 2006.