1. The plaintiff's claim is dismissed.

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

1. The facts of recognition C Co., Ltd. (hereinafter “C”) had against the Plaintiff a credit card user claim under a credit card use agreement around November 2000.

C On February 6, 2004, upon filing an application with the Plaintiff for a payment order for the said payment order with the High Government District Court 2004Ra1247, the above court ordered C to pay 13,04,375 won and delay damages to the Plaintiff on September 9, 2004, and the above judgment became final and conclusive on September 25, 2004.

(hereinafter “previous case”). D Co., Ltd., which acquired the credit card payment claim from C, transferred the above credit card payment claim to the Defendant again on September 12, 2006.

On August 26, 2014, the Defendant filed an application with the Seoul Central District Court for a payment order seeking the payment of the acquisition amount of the above claim with the Seoul Central District Court Ordering the Plaintiff to pay 40,825,60,000 won and damages for delay for 12,930,00 won among the costs and damages for delay on July 21, 2015, which became final and conclusive on August 8, 2015.

(hereinafter referred to as "case subject to objection"). / [Grounds for recognition] The fact that there is no dispute, Gap 1, 2, and 3, Eul 1 and 2, respectively, and the purport of the whole pleadings.

2. Although the Plaintiff’s claim against the Plaintiff for the use of credit cards against the Plaintiff was completed five-year extinctive prescription, the Defendant asserted that the claim was received by the Defendant and received a judgment of the subject case against the Plaintiff.

In addition, this decision is made by service by public notice, and res judicata cannot be recognized.

Therefore, compulsory execution based on the judgment of the subject case should not be allowed.

3. The extinctive prescription of the claim established by the judgment is ten years.

(Article 165 (1) of the Civil Act) C. The plaintiff