1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Summary of the parties' arguments

A. When concluding a credit card use contract with the Plaintiff Exchange Credit Card Co., Ltd. (hereinafter “foreign exchange credit card”), the Defendant agreed to refund the credit card price and credit card loan service payment through the credit card company and the members’ pre-determined claim rate or claim amount each month.

While the Defendant was in arrears on April 28, 2003 during several occasions, it was unable to repay the card price and the repayment obligation of the substitute loan (hereinafter “instant claim”).

After that, on September 14, 2005, the claim of this case was transferred to the social company of the same kind from the Korea Exchange Bank that merged the foreign exchange credit card to the Korea Exchange Bank, from April 29, 2008, to the East West Asset Management Corporation, from the East West Asset Management Corporation on August 20, 209, to the social Korea Co., Ltd. from the East West Asset Management on August 20, 209, to the social Korea Co., Ltd. on August 21, 2009, respectively, to the Plaintiff from the Korea Exchange Korea on August 21, 2009.

Therefore, as of August 21, 2009, the Defendant, the assignee of the instant claim, is obligated to pay the Plaintiff the sum of KRW 50,036,182 and interest KRW 76,59,569 as of August 21, 200, KRW 126,63,751 and delay damages for the principal.

B. As alleged by the Plaintiff, the Defendant did not receive credit purchase, cash service, and credit card loan from the foreign exchange credit card.

Even if the facts alleged by the Plaintiff were recognized, the instant claim was extinguished by prescription.

2. According to the evidence Nos. 1, 7, and 11, the following facts are acknowledged.

In other words, the defendant joined the foreign exchange credit card as an individual member on October 31, 200.

Foreign exchange credit card is issued on March 5, 2004 by applying for a payment order for the claim of this case to the Seoul Central District Court 2004Da7232 with the defendant as the debtor. However, the defendant's objection period is excessive.