beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 2, 2002, the Defendant entered into a credit card issuance contract with D Co., Ltd. on July 8, 2002, and used the credit card, and delayed payment for D Co., Ltd. from July 30, 2003, and from September 15, 2003, the Defendant did not pay each credit card payment for D Co., Ltd.. The Defendant’s credit card payment obligation against D Co., Ltd. 3,157,773, and the principal amount of the credit card payment obligation against D Co., Ltd. 187,911.
C Co., Ltd and D Co., Ltd. concluded an asset transfer contract with E Co., Ltd. on October 24, 2003 and transferred each of the above credit card payments claims against the Defendant. E Co., Ltd. transferred the above claims against the Defendant to the Plaintiff on the same day, and completed the notification of the assignment of claims to the Defendant on December 18, 2003.
On April 23, 2008, the Plaintiff filed an application with the Defendant for a payment order with Busan District Court Branch 2008Guj2876, and the above court issued an order to pay to the Plaintiff the amount of KRW 3,345,684 and the amount calculated by applying to the Plaintiff at the rate of 17% per annum from October 25, 2003 to the service date of the original copy of the instant payment order, and at the rate of 20% per annum from the next day to the day of full payment. The above payment order was served to the Defendant on April 30, 2008, and the Defendant did not raise an objection and became final and conclusive May 15, 2008 (hereinafter referred to as “existing payment order”). The purport of each of subparagraphs 1 through 7 (including number 7) is without any dispute.
2. The plaintiff filed the lawsuit in this case in order to suspend the progress of the extinctive prescription of the claim against the defendant which was confirmed by the previous payment order. According to the above facts, the defendant, barring any special circumstance, has been existing from October 25, 2003 to April 30, 2008, which is the delivery date of the original copy of the existing payment order.