1. The judgment of the court of first instance is modified as follows.

The plaintiff succeeding intervenor's claim is dismissed.

2. The total cost of the lawsuit.

1. Basic facts

A. On June 19, 2001, the Defendant entered into a credit card use contract with D Co., Ltd. and received a credit card, and thereafter did not pay the credit card price thereafter. As of November 24, 2006, the Defendant’s obligation to pay the principal amount of the credit card use price is KRW 1,435,136.

B. The above credit card-based credit card-based claim was transferred to E Co., Ltd. on November 24, 2006, to F Co., Ltd. on October 20, 2010, and to the Plaintiff on August 13, 2013, and the Plaintiff notified the Defendant of the fact of the transfer of the credit, upon delegation of the notification of the transfer of credit by E Co., Ltd. and F Co., Ltd.

C. On April 5, 2018, the Plaintiff transferred the credit card use payment claim to the Intervenor succeeding to the Plaintiff, and notified the Defendant thereof.

Meanwhile, the Defendant’s obligation to use the credit card is KRW 5,182,432 as of May 31, 2016 (= Principal KRW 1,435,136, and KRW 3,747,296) from August 1, 2013 to May 31, 2016.

[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 determination as to the cause of the claim, the defendant is obligated to pay damages for delay to the plaintiff succeeding intervenor who is the transferee of the above credit card use price claim and KRW 5,182,432, and 1,435,136, except in extenuating circumstances.

B. The defendant's defense of extinctive prescription is defense that the extinctive prescription of the above credit card user's claim has expired.

The claim for the use of the above credit card is due to the commercial activity of the corporation D, and the extinctive prescription period is five years in accordance with the main sentence of Article 64 of the Commercial Act.

As seen earlier, D transferred the credit card use price claim to E Co., Ltd. on November 24, 2006. Since it appears that the payment period of the credit card use price claim has arrived before the credit card use price claim became due, it shall be deemed that the statute of limitations of the credit card use price claim has run from the late time.

However, the Plaintiff.