1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 18, 200, the Defendant entered into a credit card transaction agreement with a national credit card company (hereinafter “national card”) and obtained a credit card and used it until 2002. Under a credit loan agreement from the national card, the Defendant was granted a loan of KRW 1 million on October 15, 2001 as the due date for payment on October 27, 2002; KRW 1 million on the same day as the due date for payment on October 27, 2003; and October 23, 2001 as the due date for payment on October 27, 2002.

B. On April 15, 2003, the national card transferred the credit card payment claims and loan claims (hereinafter collectively referred to as the “instant claims”) against the Defendant to a limited liability company specializing in Orren support securitization. On October 25, 2006, a limited liability company specializing in Orren support securitization transferred the instant claims to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), and on April 26, 201, a Solomon Mutual Savings Bank transferred the said claims to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 4, 6 (including virtual number), Eul evidence 2 and 4, the purport of the whole pleadings

2. Assertion and determination

A. With respect to the Plaintiff’s assertion that as the assignee of the instant claim, the Plaintiff claimed the Defendant for the payment of KRW 12,263,309 and damages for delay as to the principal amount of KRW 2,458,611, the Defendant extinguished by the statute of limitations, and even if not, the Defendant could not accept the Plaintiff’s claim due to the Plaintiff’s failure to receive the notification of assignment of claim.

B. In light of the judgment, the period of extinctive prescription is five years with respect to the claim of this case, which occurred from commercial activities of the national card, and the period of payment has arrived at the latest until October 27, 2003 (the final period of payment for loan claims and the first credit card payment period is April 15, 2003, considering that the first credit card payment claim is the due date of repayment and the first credit transfer date is the same as that of April 15, 2003).

The lawsuit of this case (payment order) is filed on February 2, 2016, more than five years after the lawsuit of this case.