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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. When the plaintiff obtained a credit card from Dongyang Card Co., Ltd. (hereinafter referred to as the "Dongyang Card Co., Ltd.") and did not pay the credit card use amount and the credit card loan debts, etc., the plaintiff entered into a loan agreement with the principal debtor as to the amount of KRW 10.5 million, which is the sum of the card use amount and fees, and stamp fees, etc., in arrears by the plaintiff until around December 23, 1999, and submitted it to Dongyang Card Co., Ltd. (hereinafter referred to as the "Dongyang Card Co., Ltd.") with the term of the loan as his joint guarantor, and with the term of the loan as to the amount of KRW 1,050,000,000, which is the sum of the card use amount, and fees, and stamp fees, etc., as the joint issuer.
Afterwards, the Dongyang Capital Co., Ltd. (hereinafter referred to as the “Dongyang Capital Co., Ltd.”) that acquired the claim for loans under the exchange contract of this case from the Dongyang Card (hereinafter referred to as the “instant loan claim”) filed a lawsuit against the network B and the Plaintiff to the effect that “24,039,920 won and damages for delay of KRW 10,50,000,000,” jointly and severally between the network B and the Plaintiff, were jointly and severally paid to the network B and the Plaintiff for “24,039,920 won and the damages for delay of KRW 1,50,050,000,000, as claimed on June 9, 2005, but the decision of performance recommendation (hereinafter referred to as the “decision of performance recommendation”) against the Plaintiff was finalized on April 15, 2006.
Then, on March 25, 2015, the Defendant again acquired the instant loan claim from the Dongyang Capital filed a lawsuit with the Seoul Central District Court No. 2015da5436375 to the effect that “62,751,763 won and damages for delay to be paid jointly by the Plaintiff” (hereinafter referred to as “related lawsuit”) was jointly and severally filed by the Dongyang Capital to the effect that “62,751,763 won and damages for delay to be paid to KRW 10,550,000 among them,” and the Plaintiff did not directly receive the relevant decision on performance recommendation on April 20, 2015 and did not raise any objection thereto.”