1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The first instance court was made on June 21, 2017.

1. Basic facts

A. On February 2, 2007, the Defendant filed an application for the payment order seeking payment of the Plaintiff’s credit card payment amount of KRW 4,968,185 and delay damages therefrom (hereinafter “instant payment order”) with the Plaintiff on February 2, 2007, which was served on the Plaintiff on February 20, 2007 and finalized on March 7, 2007.

B. The credit card payment claim was transferred from the Defendant to the Defendant’s Intervenor on June 21, 2013.

[Reasons for Recognition] Evidence No. 1, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff asserts that "the above credit card payment claim shall be 5 years after the due date of payment from September 199, and the payment order of this case has already been applied for and its extinctive prescription has already expired, so compulsory execution based on the payment order of this case shall not be permitted."

(A) In addition, the Plaintiff asserts that the credit card payment claim was not notified of the credit card assignment, but it is clearly known that the Plaintiff was notified of the fact according to the statement in subparagraph 7-1, 2, and 3 of the evidence No. 7-2. However, there is no evidence to recognize the payment period of the credit card payment claim of this case as being around September 1999, and according to the evidence No. 5, it seems that the Plaintiff was a member of the credit card on March 11, 200, and that the credit card payment claim of this case occurred after March 11, 200.

Meanwhile, in the case of credit card payment claims arising from around March 11, 200 to February 2, 2002 (from February 2, 2007, which was the date of the application for the payment order, to May 5, 2007), the extinctive prescription may have expired after the lapse of five years, which is the period of commercial extinctive prescription. However, according to the overall purport of the statement and oral argument in subparagraph 6, it is recognized that the Plaintiff repaid the Defendant with the obligation equivalent to KRW 156,653 on February 6, 2004, barring any special circumstance, the extinctive prescription has been interrupted at that time, and the application for the payment order in this case has expired five years after the date of the application.