1. The claim of this case is dismissed.

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

1. Facts of recognition;

A. On January 16, 2004, the defendant applied to the non-party Libera Bank Co., Ltd. for a credit card and used it around that time. On September 28, 2010, the Korea Libera Bank transferred the credit card payment principal amount of KRW 28,341,658 against the defendant to the non-party age 1 limited company, and notified the defendant of this on the same day. It reached the defendant around that time.

B. On March 20, 2015, the Plaintiff received the above claim from the foregoing age-1 loan company, and notified the Defendant of May 14, 2015, and reached the Defendant around that time.

The principal and interest of the above bonds reach KRW 38,337,925 as of December 15, 2015 (the principal and interest of this bonds shall be KRW 27,160,758).

C. Meanwhile, on June 29, 2010, the Defendant entered into an agreement on debt settlement including the Nonparty’s credit recovery commission and the aforementioned debt, etc., and paid monthly repayment by November 25, 2010, but the approval of credit recovery support became null and void due to the failure to pay monthly repayment.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 and Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. (1) With respect to the Plaintiff’s claim for the instant transfer money against the Defendant, the Defendant suspended the extinctive prescription on June 29, 2010 due to a debt adjustment agreement with the Credit Counseling and Recovery Service, but the Defendant filed an application for the instant payment order after five years from the period of extinctive prescription under the Commercial Act. Since the instant claim has already expired, the Plaintiff’s claim for the instant transfer money is groundless.

(2) As to this, the Plaintiff’s extinctive prescription of the instant claim against the Defendant was resumed from March 24, 201 (the time the monthly payment was delayed for at least three months) where the approval for credit recovery support was invalidated, and as such, the Defendant’s objection to the extinctive prescription was filed on December 22, 2015 where five years have not elapsed since the application for the instant payment order was filed.