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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. concluded a credit card use contract with the Defendant on July 2002, and issued a credit card (D card) to the Defendant. However, the Defendant lost the benefit of time by failing to pay the credit card for at least three months.
B. C Co., Ltd. entered into an asset transfer agreement with E Co., Ltd. on May 29, 2003, and transferred the credit card use price claim against the Defendant to E Co., Ltd. on June 26, 2003. On July 26, 2003, C Co., Ltd notified the Defendant of the transfer of the above credit by content-certified mail.
C. On June 15, 201, F Co., Ltd. (hereinafter “E”) concluded an asset transfer agreement with the Plaintiff and transferred the above claim against the Defendant to the Plaintiff. On July 21, 2011, F Co., Ltd. (hereinafter “E”) notified the Defendant of the assignment of claim by content-certified mail.
As of September 4, 2013, the amount of claims against the defendant as of September 4, 2013 is KRW 62,790, the principal of which is KRW 3,93,34, and interest KRW 10,435,275, including the principal of which is paid, KRW 14,431,39.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers if there are branch numbers) and the purport of whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, the Plaintiff received a credit card use price claim against the Defendant prior to the transfer. Thus, the Defendant is obligated to pay damages for delay to the Plaintiff, the transferee of the claim, for the total amount of KRW 14,431,39, and the acquired principal amount of KRW 3,93,334, barring any special circumstance.
B. The judgment of the court below on the plaintiff's claim for the above credit card was asserted that the defendant's claim for the above credit card was terminated after the completion of the commercial statute of limitations around July 11, 2007 when five years elapsed from July 11, 2007 when the last credit card was used by the defendant. Thus, the defendant's claim for the above credit card payment is due for the credit card payment within one month from the last use date of the above credit card.