청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 18, 200, the Plaintiff lost the benefit of time due to the Plaintiff’s failure to pay the credit card amount from January 29, 2001, while using a credit card issued by the D Co., Ltd., which was due to the Plaintiff’s use of the credit card. On January 31, 2001, the Plaintiff lost the benefit of time by failing to pay the loan amount of KRW 5,776,40, while entering into an installment financing agreement with D Co., Ltd. and being using the loan amount of KRW 5,776,40.
B. On May 13, 2005, D Co., Ltd transferred each of the principal and interest claims under the preceding paragraph against the Defendant to the Defendant, and notified the Plaintiff on June 16, 2005.
C. On January 24, 2006, the Defendant filed a lawsuit against the Plaintiff on the acquisition money at the Suwon District Court 2006Gaso3566.
On February 2, 2006, the above court rendered a decision on performance recommendation ("the decision on performance recommendation of this case") to the Defendant to pay KRW 9,130,564, the claimed amount, and the amount equivalent to interest thereon. The above decision was finalized on April 26, 2006.
On September 9, 2013, Suwon District Court 2013da104203 filed an application for individual rehabilitation against the plaintiff and the rehabilitation procedure commenced in September 2014.
On September 9, 2013, the defendant submitted to the above court a list of creditors, which included the claim against the plaintiff for the above transfer money.
The above individual rehabilitation procedures were abolished on November 11, 2014.
E. On August 10, 2018, the Defendant applied for a payment order against the Plaintiff at the rate of 15% per annum from August 3, 2018 to the date of full payment, and issued the payment order on the same day. The above payment order became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 and 3 evidence (including additional evidence) and the purport of the whole pleadings
2. Determination as to the cause of the instant claim
A. The claims asserted by the parties against the plaintiff 1 are claimed as payment order on April 26, 2006.