청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into a membership agreement with a credit card company, and used the foreign exchange card, but was not able to repay the amount used from December 25, 2001. As of June 11, 2002, the above usage price claim (hereinafter “instant payment claim”) was totaling KRW 5,684,454, including principal, KRW 5,11,261, and overdue interest.
B. The foreign exchange credit card company filed a lawsuit against the Plaintiff seeking the payment of the instant payment claim (In Mancheon District Court 2002Gau301482).
On March 6, 2003, the above court made a decision of performance recommendation (hereinafter referred to as the "decision of performance recommendation of the Incheon District Court Act") and the above decision was served on the plaintiff on March 6, 2003, and became final and conclusive on March 21, 2003.
C. On April 30, 2003, a foreign exchange credit card company transferred the instant claim to a limited liability company specializing in friendly securitization. On March 31, 2008, the said limited liability company transferred the said claim to a mutual savings bank promotion company, and the said company notified the Plaintiff on May 6, 2008.
The promotion mutual savings bank, a mutual savings bank, filed an application with the plaintiff for a payment order (Dacheon District Court 2009Da5914, Incheon District Court 2009Da5914), and the payment order decision issued by the above court (hereinafter referred to as "Seocheon District Court decision") was served on the plaintiff on April 29, 2009.
5. 14. A final and conclusive date.
E. On December 28, 2011, the promoting mutual savings bank transferred the instant claim to DK Asset Management Loan Co., Ltd., and the Defendant acquired the instant claim from DK Asset Management Loan Co., Ltd. on July 31, 2013, and notified the Plaintiff thereof.
F. By January 7, 2014, the Defendant filed a payment order (Seoul Central District Court 2014 tea5234) against the Plaintiff seeking payment of the principal of the instant payment claim amounting to KRW 20,768,897, and damages for delay against KRW 5,111,261, and filed on January 8, 2014, and “debtor (referring to the Plaintiff in this case)” with the obligee.