1. The instant lawsuit shall be dismissed.

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

1. The plaintiff asserted on October 26, 1993, after entering into a credit card transaction agreement with the Japanese bank and having used the card, the plaintiff lost on August 4, 1996. The Japanese bank transferred on August 30, 199 the claim amounting to the credit card price used by the person who acquired the lost card to the Korea Asset Management Corporation on December 30, 1999.

The Korea Asset Management Corporation filed a lawsuit to acquire money with the 2007 Ghana-si District Court 2007Gaso65809, and on December 8, 2007, the decision of performance recommendation made by the above court was confirmed, and the defendant acquired the same claim.

However, a credit card payment claim using the card lost by the deceased is a commercial bond with five-year commercial prescription, and it is a bond already extinguished by prescription before the decision of performance recommendation becomes final and conclusive.

2. A lawsuit for confirmation is lawful only when it is the most effective and appropriate means to eliminate the present apprehension and danger in rights or legal status.

However, with respect to a final and conclusive decision of performance recommendation, a lawsuit of demurrer may seek enforcement exclusion by asserting not only the grounds after the final and conclusive decision but also the grounds before the final and conclusive decision. The lawsuit filed for the confirmation of existence of an obligation in this case, despite such remedies, is unlawful as there is no benefit

In addition, according to the evidence No. 4, in order to extend the prescription period of the judgment on the use of credit card, the above decision on performance recommendation cannot be deemed to have expired by the statute of limitations, since the judgment on the previous lawsuit was filed again within 10 years from the final and conclusive date of the judgment on the use of credit card against the defendant, for the purpose of extending the prescription period of the judgment on the use of credit card.