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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. During the period from March 2, 2001 to April 25, 2002, the Plaintiff received credit card loans, etc. from Samsung Capital Co., Ltd. (hereinafter “Tsung Capital”), El branch card Co., Ltd. (hereinafter “EL branch card”), and Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).
B. On June 5, 2003, the El branch card transferred the credit card loan to the Korea Asset Management Corporation, and notified the Plaintiff of the transfer of the credit with a certificate with a fixed date on the same day.
C. Samsung Capital transferred the credit card loan to the Korea Asset Management Corporation on April 30, 2003, and notified the Plaintiff of the transfer of the credit with a certificate with a fixed date on May 30, 2003.
On May 13, 2005, Seoul Guarantee Insurance transferred to the Defendant the credit card credit guarantee insurance against the Plaintiff, and the Korea Asset Management Corporation transferred each of the above claims transferred from EL cards and Samsung Capital on May 13, 2005 to the Defendant. On June 16, 2005, the Defendant notified the Plaintiff (the address: the address B) by content-certified mail in accordance with Article 7(1) of the Asset-Backed Securitization Act.
E. After that, the defendant filed a lawsuit against the plaintiff as the 2006Gau1902 of the Gwangju District Court in order to claim the payment of each of the above transferred claims, and the above court on February 27, 2006, "the plaintiff shall pay to the defendant the amount of 27,032,004 won and 18,032,004 won among them at the rate of 17% per annum from April 1, 2005 to the date of full payment," and sent the decision of performance recommendation to the plaintiff (the address: the YY YYB) on March 24, 2006, but the above decision of performance recommendation became final and conclusive on April 8, 2006 because the plaintiff did not raise any objection.
F. After that, the defendant shall extend extinctive prescription for the above claims established by the above decision of performance recommendation.