1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Defendant entered into a credit card use contract with C Co., Ltd. (hereinafter “C”) and agreed to pay the amount of use thereof on the 25th of each month while using the credit card issued by C with C.

B. However, the Defendant did not pay the above credit card user fee of KRW 9,821,392 (hereinafter “the instant user fee”) to C, and accordingly, the instant user fee was in arrears before February 28, 2013.

C. On May 20, 2016, the Plaintiff established under the Asset-Backed Securitization Act acquired the instant claim for the use price, and on May 23, 2016, notified the Defendant of the fact that “the Plaintiff acquired the instant claim for the use price.”

On March 28, 2018, the details of claims for the amount of use of this case as of March 28, 2018 are as follows.

The fact that there is no dispute over the total amount of principal interest of KRW 9,821,392, KRW 11,733,474, KRW 21,554,86 [based grounds for recognition], the entries in Gap evidence Nos. 1 through 4, and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the total sum of the principal and interest of the claim for the use of this case and the damages for delay arising from the plaintiff's claim as to KRW 21,554,86 and KRW 9,821,392.

B. As to this, the Defendant’s defense that the claim for the use price of this case was extinguished after the short-term extinctive prescription has been completed as a commercial claim, the facts that the use price of this case had been in arrears prior to February 28, 2013 are as seen earlier, and the facts that the Plaintiff’s lawsuit of this case was filed on March 29, 2018, which was five years after the lawsuit of this case was filed, are apparent in the record, and thus, the claim for the use price of this case had already been extinguished before the lawsuit of this case was filed, and therefore, the Defendant’s defense is with merit.

C. As to this, the Plaintiff’s claim for the instant usage fee on December 16, 2013, prior to the expiration of the statute of limitations.