1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 16, 2002, B, the Plaintiff’s wife, entered into an exchange transaction agreement with the EL branch card Co., Ltd. (hereinafter “EL branch card”) with B at the rate of 19% per annum, 36 months during the period of repayment to the EL branch card, and 24% per annum, and entered into a substitute exchange transaction agreement with B, and the Plaintiff’s application/agreement for exchange loan (hereinafter “instant agreement”). The said agreement is written as joint and several sureties, and the Plaintiff’s seal is affixed thereon.

B. On April 16, 2002, along with the instant agreement, each of the certificates of personal seal impression and the names of the Plaintiff issued by the Plaintiff on April 16, 2002, were written and sealed (the contents of delegation to B of all authority to prepare and submit a substitute loan application form and to the Plaintiff as a joint and several surety) and written consent to provide and utilize personal credit information.

C. Around May 13, 2005, when B delayed the repayment of the above loan, the El branch card transferred the claim to B and the Plaintiff to the Defendant and notified the transfer of the above credit at that time.

On June 29, 2006, the defendant filed a claim against B and the plaintiff for the amount of money transferred to B and the plaintiff, and the above court served with B and the plaintiff a duplicate of the complaint by service by public notice, etc. and made pleadings on June 29, 2006, and on the same day, the defendant against B and the plaintiff (the defendant in this case) for KRW 28,391,222 and KRW 14,31,527 as to KRW 22,148,90 as well as KRW 11,19,843 as to KRW 22,148,90 as well as KRW 11,19,843 as to the above amount jointly and severally with the defendant Eul (hereinafter referred to as "previous judgment"), and the above judgment became final and conclusive at that time (hereinafter referred to as "previous judgment").

On March 29, 2016, the defendant filed an application for payment order with B and the plaintiff as Seoul Central District Court No. 201216 for the interruption of extinctive prescription on March 29, 2016, and the above court rendered the instant case as the creditor on April 11, 2016.