1. The plaintiff's claim is dismissed.

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

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 2, Eul evidence 4-1, Eul evidence 4-2, Eul evidence 5-1, 2, and 3.

As of March 31, 2005, the Plaintiff was liable to pay 3,861,700 won to Samsung Card Co., Ltd., and 220,016 won for credit card use. However, EL Card Co., Ltd and Samsung Card Co., Ltd transferred each credit card payment claim against the Plaintiff to the Defendant on May 13, 2005, and completed the notification of transfer.

B. Afterwards, the Plaintiff filed a lawsuit against the Defendant for the claim for the amount of money taken over with the Suwon District Court (2007 Ghana 102537), and the said court served the Defendant with the document of lawsuit by public notice.

C. On December 18, 2007, the above court concluded the pleading on the above case, and rendered a ruling that "the defendant shall pay to the plaintiff 6,064,975 won and delay damages for 4,081,716 won among them" (hereinafter "the judgment of this case"), and the judgment of this case became final and conclusive around that time.

2. The assertion and the judgment thereof

A. Since the Defendant’s claim against the Plaintiff, which was the basis of the judgment of this case, had already been completed prior to the judgment of this case, the Defendant’s compulsory execution against the Plaintiff based on the judgment of this case shall not be permitted.

B. On the other hand, an objection to a claim established by a judgment should have arisen after the ground for the objection was closed (in the case of a judgment without holding any pleadings, after the judgment was rendered) (see Article 44(1) and (2) of the Civil Execution Act). Even according to the Plaintiff’s assertion itself, since the Defendant’s claim against the Plaintiff was completed prior to the closing of argument in the instant judgment, this cannot be a legitimate ground for objection.

Therefore, the plaintiff's status.