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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 11, 1999, the Seoul District Court rendered a judgment against the plaintiff that "the plaintiff (the plaintiff of this case) shall pay 9,140,567 won and 4,660,015 won among the plaintiff (the plaintiff of this case) shall be paid by 29% per annum from March 5, 1999 to the full payment date" (hereinafter "the judgment of this case"). The above judgment became final and conclusive on June 16, 1999.
B. On the basis of the executory exemplification of the judgment in the above case, the EL Card Co., Ltd. (hereinafter the ELC Co., Ltd. changed its trade name from the ELC) applied for the seizure and collection order of the claim under the court 2005TT7233. On December 16, 2005, the court rendered a decision on the seizure and collection order of the deposit claims against the Plaintiff’s Korea Exchange Bank, the Republic of Korea, and the new bank (hereinafter “third parties”) against the Plaintiff’s Korea Exchange Bank, the Republic of Korea, and the new bank (hereinafter “third parties”), and around that time, the above decision was served on the third parties.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion and judgment as to the plaintiff
A. The Plaintiff’s assertion that, even if the claim for the use of credit card was fully repaid, and even if not, the statute of limitations expired, the Defendant (hereinafter “Defendant”) maintained without cancelling the seizure and collection order of this case, thereby impairing the Plaintiff’s honor and making it difficult for the Plaintiff to engage in transactions with other financial institutions. The Plaintiff filed a lawsuit against the Plaintiff seeking the payment of the above claim, and filed a lawsuit against the Plaintiff, thereby causing emotional distress to the Plaintiff, and thus, paid the damages as stated in the claim against the Defendant.