1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On June 9, 2001, the Defendant concluded a credit card use contract with Samsung Card Co., Ltd. and used loan services.

B. On July 31, 2003, Samsung Card Co., Ltd. transferred the instant card claim to the Plaintiff on December 26, 2012, and around that time, notified the Defendant of the assignment of the said claim. Around that time, Samsung Card Co., Ltd.: (a) on March 31, 2008; (b) on the promotion mutual savings bank; (c) on December 28, 201, the promotion mutual savings bank; and (d) on IM Co., Ltd., Ltd., the said promotion mutual savings bank transferred the instant card claim to the Plaintiff.

C. As of September 25, 2012, the instant card claims remain in KRW 12,982,298, overdue interest rate of KRW 17,846,213.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as claimed by the Plaintiff within the agreed rate of 30,828,511 won in total and 12,982,298 won from September 26, 2012, which is the following day of the base date to the day of complete payment.

B. As to the defense of extinctive prescription, the Defendant asserts that the instant card claim became extinct by the five-year commercial prescription.

Since the credit card claim of this case constitutes a claim arising from commercial activities, it is clear that the five-year extinctive prescription period is applied in accordance with Article 64 of the Commercial Act, and that the application for the payment order of this case was filed after the lapse of 10 years from July 2003.

However, according to Gap evidence Nos. 7-1 and 2, the fact that Samsung Card Co., Ltd. applied for a payment order against the defendant for payment of credit card use price (Seoul Central District Court 2002 tea 2170) on January 17, 2003 that the payment order became final and conclusive (Seoul Central District Court 2002 tea 2170), and the promotional mutual savings bank that acquired the above card claim against the defendant did not dispute the defendant in the lawsuit filed against the defendant.