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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 22, 2004, the National Bank of Korea (hereinafter “National Bank”) filed an application with the Plaintiff for a payment order of loan claims against the Plaintiff under the Hancheon District Court Won Branch Branch of 2004 tea1720, and on March 23, 2004, the said court rendered a payment order with the Plaintiff on March 23, 2004: “The Plaintiff shall pay to the National Bank the credit card loans totaling KRW 21,52,856 (i.e., the balance of the credit card loans loans as of June 5, 2002, KRW 1,35,195, KRW 1,835,6222, KRW 18,32,039, KRW 28,90 (hereinafter “the instant bonds”) and KRW 28,902, KRW 308,00 from the date of the payment order with the credit card loans as of April 13, 2002 to the date of the payment order.”
(hereinafter “instant payment order”). The instant payment order was served on March 29, 2004 on the Plaintiff, and was finalized on April 13, 2004.
B. On May 20, 2004, the National Bank transferred the instant claim to the Promotion Mutual Savings Bank (hereinafter “Promotion Mutual Savings Bank”) and notified the Defendant of the assignment of claim on July 13, 2004.
C. On September 8, 2009, the Promotion Savings Bank filed a lawsuit against the Plaintiff seeking the performance of the instant claim (hereinafter “instant claim for acquisition of the instant claim”), which was acquired as above by Cheongju District Court Decision 2009Gau8741, and on September 10, 2009, the above court decided to recommend performance that “the Plaintiff shall pay to the Promotion Savings Bank the principal of the instant claim amounting to KRW 45,081,142, and the principal amount of KRW 18,660,236 from the day following the delivery of a copy of the instant claim to the Plaintiff to the day of complete payment (hereinafter “instant performance recommendation decision”). The above decision was served on the Plaintiff on November 1, 2009, and the above decision became final and conclusive on September 10, 2009 on the ground that the Plaintiff did not raise any objection thereto.
(2).