1. The plaintiff's claim is dismissed.

2. The plaintiff shall bear the litigation costs.

1. Facts of recognition;

A. C Co., Ltd. applied to the Seoul Central District Court for a payment order claiming the payment of credit card use price and its delay damages, and received the payment order in accordance with the purport of the application on June 5, 2003.

(Seoul Central District Court 2003Guj23367). The above payment order was finalized on June 28, 2003 because the plaintiff did not raise an objection within the objection period even after being served with the original copy of the above payment order.

B. Since then C Co., Ltd transferred the credit card payment claim to the Defendant.

The defendant applied to the Seoul Southern District Court for a payment order against the plaintiff for the above transfer money and delay damages, and received a payment order in accordance with the purport of the application (Seoul Southern District Court 2010 tea2477), but the plaintiff raised an objection against this, and the above case was converted to the litigation procedure.

On July 14, 2010, the above court rendered a judgment in favor of the Defendant. On August 5, 2010, the above judgment became final and conclusive on August 5, 2010 because the Plaintiff was served with the original copy of the above judgment and did not file an appeal within the appeal period.

(Seoul Southern District Court 2010Kadan26558). (c)

Since then, the plaintiff filed bankruptcy and application for immunity with the Seoul Central District Court.

On March 5, 2013, the above court rendered a ruling of bankruptcy, the decision to discontinue the bankruptcy on May 6, 2013 due to the shortage of expenses, and the decision to grant immunity on May 7, 2013, and the above decision to grant immunity became final and conclusive on May 23, 2013.

(Seoul Central District Court Decision 2012Ha1278, 2012Ha278, 11278). However, while submitting a creditor list in the bankruptcy and immunity procedure, the Plaintiff did not enter the above claim owned by the Defendant and the Defendant in the above creditor list.

On March 27, 2020, the Defendant applied for a payment order against the Plaintiff and received payment order in accordance with the purport of the claim (this court 2020 tea 45), and the above payment order was finalized on April 15, 2020.

(hereinafter referred to as the “instant payment order”).