1. The defendant's compulsory execution against the plaintiff is denied based on the payment order of Seoul Central District Court 2019 tea153568.

1. Facts of recognition;

A. On March 1, 1994, the Plaintiff entered into a credit card membership agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) but did not pay the credit card price. On February 15, 2019, the overdue interest amounting to KRW 21,74,83, overdue interest amounting to KRW 55,402,860, and the agreed rate is 23.7% per annum.

B. On November 14, 2018, the non-party company entered into an asset acquisition agreement with the defendant and transferred the credit card payment claim against the plaintiff to the defendant. The defendant filed an application for payment order against the plaintiff as Seoul Central District Court 2019 Guide153568, and the above court issued an order of payment on February 21, 2019, stating that "the plaintiff shall pay damages for delay calculated at the rate of 23.7% per annum from February 16, 2019 to the date of full payment" with respect to 77,147,693 won and 21,74,83 won among them.

The above payment order was finalized on March 12, 2019 (hereinafter “instant payment order”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s claim against the Plaintiff (hereinafter “instant claim”) expired after the lapse of the extinctive prescription period prior to the application for the instant payment order, and the Plaintiff was not notified of the transfer of the instant claim.

B. In light of the details of calculation of the principal and interest stated in the cause of the claim for the instant payment order, the period of extinctive prescription under the Commercial Act is applied to the instant claim for commercial claims arising from the non-party company’s commercial activities. In light of the details of calculation of the principal and interest stated in the cause of the claim for the instant payment order, the Plaintiff appears to have been in arrears with the card payment from 2009 to 2010, so the period of extinctive prescription is in progress from that time. Therefore, the instant claim was extinguished after

However, since the fact that the Defendant applied for the instant payment order in 2019 is as seen earlier, compulsory execution based on the instant payment order shall be dismissed.

3. The defendant's assertion