1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 22, 2001, Non-CC Card Co., Ltd. (hereinafter “Non-CCCC Card”) lent KRW 2,500,000 to the Plaintiff on December 25, 2003, at the rate of 19.5% per annum, at the overdue interest rate of 23.5% per annum, and at the 25th day of payment per month (hereinafter “the instant loan bond”).

B. On September 30, 2003, SCC cards transferred the instant loan claims to the Defendant, and at that time notified the Plaintiff of the transfer.

C. The Defendant filed an application for the payment order with the Incheon District Court 2007 tea377. On March 7, 2007, the Incheon District Court issued a payment order stating that “The Plaintiff shall pay to the Defendant the amount calculated at the rate of 23.5% per annum from January 24, 2007 to the date of full payment” (hereinafter “instant payment order”) for KRW 4,465,96 and KRW 2,187,486.

Meanwhile, the Defendant did not repay the above money for about 10 years after the instant payment order. In order to extend the extinctive prescription period of the claim based on the instant payment order, the Defendant filed an application for the payment order with Busan District Court Branch Branch of Dong Branch of Busan District Court for the instant payment order. On February 8, 2017, the said court issued the same payment order with the same content as the instant payment order, and the Plaintiff filed an objection against this order.

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

2. Determination as to the cause of action

A. Since the purport of the Plaintiff’s assertion completed five years of extinctive prescription for the instant loans that the Defendant acquired, compulsory execution based on the instant payment order shall be dismissed.

B. According to the reasoning of the evidence Nos. 1 and 2, the Plaintiff’s delay in repayment of the principal and interest of the instant loan claim from September 30, 2003, lost the benefit of September 30, 2003, and due to the maturity of the instant loan claim, and ② the Plaintiff’s payment of the loan claim as of January 24, 2007.