1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The plaintiff's assertion asserts that the plaintiff is liable to pay the above credit card use price and delay damages to the defendant of Hyundai Card Co., Ltd., since the credit card use price claims were assigned in succession, and the plaintiff was finally assigned and notified of each transfer.

B. The defendant's assertion asserts that the credit card user's claim was extinguished upon the completion of five-year commercial extinctive prescription.

2. In full view of the purport of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and evidence Nos. 1, the defendant was liable to Hyundai Card Co., Ltd. for credit card use. However, it is recognized that the above obligation was due to the credit card use price and the use of cash services made from November 8, 2001 to September 13, 2002, and the final payment period was due on the credit card No. 26, Jul. 26, 2002.

The claim for the use of the credit card is a commercial claim. Even if the first day of January 26, 2004, which was the date of the last payment, was viewed as the first day of the first day, the plaintiff applied for the payment order only after September 2, 2015, which was more than five years after the last day of the payment, and there is no evidence to prove that the statute of limitations has been suspended between the period. Thus, it is determined that the statute of limitations of the above

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.