1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On January 12, 2001, the Defendant prepared and submitted an application for membership of a credit card to C Co., Ltd. (hereinafter “Nonindicted Company”) and obtained a credit card from the Nonparty Company and used it.

(hereinafter referred to as "the credit card payment claim of this case") against the defendant of the non-party company

On December 30, 2003, the Plaintiff received from the non-party company the claim for the payment of this case and completed the notification of the transfer to the Defendant.

C. As of December 30, 2003, the sum of the instant payment claims is KRW 2,674,446 (= Principal KRW 1,740,150, KRW 59,585, KRW 874,711).

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff, the transferee of the claim, the total amount of the price claim of this case, KRW 2,674,446 and delay damages.

B. The defendant's defense was not used by the non-party company since October 2001. The defendant raised a defense that the extinctive prescription was completed by the plaintiff's filing of the lawsuit in this case, since five years from the date on which the credit card price due was due.

On December 30, 2003, when the Plaintiff transferred the instant payment claim from the non-party company, the period for payment of the instant payment claim has already arrived and overdue interest has already occurred. The instant payment claim shall be subject to the statute of limitations of five years under the Commercial Act. However, since the Plaintiff applied for the instant payment order on January 8, 2016, when five years have passed from the due date for the said payment claim, the instant payment claim expired.

Therefore, the defendant's defense is justified.

3. If so, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is unfair, and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed.