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. Determination on the cause of the claim

A. 1) The Defendant was issued a credit card from C Bank and used the credit card. 2) On December 31, 2001, C Bank changed its name to D Company, and transferred the credit card payment claim (hereinafter “instant claim”) to E Limited Company and notified the Defendant of the transfer of the above credit by content-certified mail on February 7, 2002.

3) On February 14, 2003, E limited liability company transferred the instant bonds to FF Co., Ltd., and notified the Defendant of the assignment of the instant bonds by content-certified mail. 4) On February 27, 2003, F Co., Ltd. transferred the instant bonds to the Plaintiff on June 15, 201, and upon delegation by F Co., Ltd., the Plaintiff notified the Defendant of the said assignment by content-certified mail on July 21, 201.

5) As of October 4, 2016, the principal amount of the instant claim as of October 4, 2016 is KRW 824,607, and interest for delay is KRW 3,51,420. [The purport of each entry and pleading of evidence A and ground for recognition is as whole.]

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant claim, the total amount of KRW 4,336,027 ( KRW 824,607 KRW 3,511,420) and damages for delay calculated at the rate of 15% per annum from May 18, 2017 to the date of full payment, which is the day following the delivery of the original copy of the application for the instant payment order, to the day of full payment.

2. The defendant's defense is proved by the expiration of the extinctive prescription of the claim of this case that the plaintiff's claim is groundless.

The claim of this case constitutes commercial claim with credit card use-price claim, and thus, the period of extinctive prescription is five years (Article 64 of the Commercial Act). However, according to the evidence No. 4, G corporation filed a claim with the Defendant for the instant claim for payment recommendation decision on October 17, 2005 (hereinafter “the instant performance recommendation decision”), which became final and conclusive on February 26, 2006.