1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. B entered into a credit card transaction contract around February 200 with a new card company (former ELS Co., Ltd.; hereinafter “new card”), and borrowed loans on July 31, 2001, and around that time, the Defendant jointly and severally guaranteed the above credit obligations against B.

B. On May 16, 2002, a new card filed a lawsuit against the Defendant, who is the principal debtor B and the joint guarantor, as Seoul Eastern District Court 2002Gaso74591 regarding the instant claim.

C. The Defendant received a decision on performance recommendation with the purport that “the Defendant shall pay the Plaintiff 19,676,475 won and 16,68,769 won and 24% interest per annum from May 14, 2002 to the date of full payment” in the above case, and the said decision on performance recommendation became final and conclusive on June 11, 2002.

On the other hand, B was sentenced on August 21, 2002 in the above case and the above judgment became final and conclusive on September 13, 2002.

On June 21, 2011, the new card was designated as the debtor and the third debtor financial institution, based on the decision of performance recommendation, and received the order of attachment and collection from the Daejeon District Court's official branch court 201TB. The relevant financial institution received the original copy of the above order of attachment and collection on June 24, 201.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Prior to the merits, the Plaintiff asserts as stated in the grounds for the claim and seeks the payment of the money stated in the purport of the claim.

However, only where it is obvious that the ten-year period of extinctive prescription has expired, a claim based on a final and conclusive judgment has expired, there is benefit in filing a lawsuit for the interruption of extinctive prescription (see Supreme Court Decision 2005Da74764, Apr. 14, 2006). As such, the decision on performance recommendation also has the same effect as a final and conclusive judgment, the extinctive prescription period for a claim for which a decision on performance recommendation became final and conclusive (Article 5-7 of the Trial of Small Claims Act) is ten years, and the new