1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 24, 1998, the Defendant concluded a credit card member subscription agreement with the Industrial Bank of Korea and used the credit card after obtaining a credit card.

B. On May 27, 2008, the Industrial Bank of Korea transferred a credit card payment claim against the Defendant (hereinafter “the instant claim”) to Alley branch Capital Co., Ltd. (hereinafter “Alley branch Capital”).

A. On November 13, 2009, A.I.D. transferred the instant claim to A.I.D. A. Libera Loan Co., Ltd. (hereinafter “A. Libera Loan”).

On October 26, 2011, the Plaintiff acquired the instant claim from Ausria Loan.

C. On December 18, 2015, the Plaintiff: (a) delegated each authority to notify the assignment of claims from the Industrial Bank of Korea, ABF Capital, and Ausria Loan; (b) sent the Defendant a notice of assignment stating the respective assignment of claims; and (c) issued the said notice to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination ex officio as to the legitimacy of the instant lawsuit

A. Since the relevant provisions and the final and conclusive judgment in favor of the party has res judicata effect, where the party who received the final and conclusive judgment in favor of the said party files a lawsuit against the other party in favor of the said party again against the same claim as the previous suit in favor of the final and conclusive judgment in favor of the said party, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of ex

(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). A final and conclusive judgment has its effect on not only the parties but also the successors following the closure of pleadings (Article 218(1) of the Civil Procedure Act).

Judgment

In light of the relevant provisions and legal principles, the following circumstances recognized as mentioned above and the evidence No. 9 are examined.