1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 5,120.

1. Facts of recognition;

A. In around 193, the Defendant issued a credit card from a foreign exchange credit card company (hereinafter “foreign exchange card”) and did not pay the amount. The principal of the credit card use amount remaining as of February 28, 1995 is KRW 5,120,552.

B. On May 24, 1995, the foreign exchange card filed a lawsuit against the Defendant seeking payment of the above credit card user fee (Seoul District Court Branch Decision 95Da68676, Oct. 5, 1995, the above court rendered a favorable judgment against the Defendant that "the Defendant shall pay 6,402,328 won on the foreign exchange card and 5,120,52 won per annum 23% per annum from February 28, 1995 to the day of full payment," and the above judgment became final and conclusive at that time.

C. In around 2003, the foreign exchange card transferred the instant claim to Busan Mutual Savings Bank (hereinafter “ Busan Mutual Savings Bank”), and notified the Defendant of the transfer of the claim at that time.

Busan Mutual Savings Bank filed a lawsuit against the defendant on September 2, 2005 against the defendant for the payment of the above credit card use fee. On March 9, 2006, the court of first instance rendered a favorable judgment against the defendant that "the defendant shall pay to the defendant 5,120,552 won and the amount calculated at the rate of 20% per annum from February 23, 2006 to the date of full payment." The above original judgment was served by public notice to the defendant on March 24, 2006.

E. Meanwhile, on November 23, 2011, the Plaintiff’s succeeding intervenor transferred the principal amount of the credit card use price at Busan Mutual Savings Bank, KRW 5,120,552, and interest or delay damages claim (hereinafter “instant claim”) from the Busan Mutual Savings Bank upon the decision of the Financial Services Commission on the transfer of contracts under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

F. Busan Mutual Savings Bank is declared bankrupt on August 16, 2012 and the Plaintiff.