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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. As to the legitimacy of the lawsuit of this case ex officio, comprehensively taking account of the overall purport of the arguments in evidence Nos. 7 and 8, as to the validity of the lawsuit of this case, Samsung Card Co., Ltd., upon request against the defendant for a payment order for credit card use payment under the Incheon District Court 2003 tea9586, and the original copy of the payment order was served on April 9, 2003, and the above payment order became final and conclusive on April 24, 2003. The Samsung Card Co., Ltd., which received the above claim from Samsung Card Co., Ltd., received the execution clause from the above Samsung Card Co., Ltd. on Dec. 21, 2012 by transferring the execution clause to the defendant as the debtor on Dec. 21, 2012, with the execution order for the claim attachment and collection order issued by the Seoul Northern District Court 2012 No. 22469. The plaintiff cannot obtain compulsory execution based on the execution clause, which became final and conclusive.
2. It is so decided as per Disposition by the assent of all participating Justices on the bench.