1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant’s husband B obtained a credit card from a new card company (a trade name EL card company before the change; hereinafter “new card”) on April 3, 2003, and entered into a substitute loan contract with the new card on April 3, 200, 5,740,000 won, interest rate of 22% per annum, interest rate of 26% per annum, interest rate of 26% per annum, and 24 months for the substitute refund period, and the Defendant jointly and severally guaranteed the above substitute loan obligations of B.

B. Around February 2011, a new card filed an application with the Defendant for a payment order claiming the payment of the above joint and several liability obligation, and on February 16, 2011, the payment order (Chowon District Court Decision 2011j336) was issued on February 16, 201, stating that “the Defendant would pay to the new card the 19,811,005 won, and the principal amount of KRW 5,913,603, calculated at the rate of 26% per annum from February 9, 2011 to the date of full payment.”

The above payment order was served on the defendant on February 18, 201 and became final and conclusive on March 5, 2011.

C. On June 21, 2013, a new card transferred a claim on the payment order (hereinafter “instant claim”) to the Plaintiff. Around that time, the new card notified the Defendant of the assignment of the claim.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-2, Gap evidence 5-1, 5-5, and Gap evidence 12, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. As of July 19, 2016, when the Plaintiff applied the rate of delay damages by reducing the rate of 17% per annum, the Plaintiff asserts that the claim in this case remains 26,695,875 won per annum from May 31, 2013 to July 19, 2016, including accrued interest of 5,913,603 won and accrued interest of 20,782,272 won per annum, and accrued from May 31, 2013 to July 19, 2016, the Plaintiff claimed for payment of delay damages at the rate of 17% per annum from July 20, 2016 to 5,913,603 won as of July 20, 2016.

B. Article 474 of the Civil Procedure Act, Article 58(3) of the Civil Execution Act.