1. The Defendant’s decision on performance recommendation is based on the Seoul Western District Court Decision 2016 Ghana512702 against the Plaintiff.

1. Basic facts

A. The Plaintiff approved the rules of credit card holders by a lot card company (foreign company) and used them with the credit card issued by the said company, but failed to pay the credit card amount properly.

B. The Defendant asserted that the Defendant acquired the above credit card payment claim (the instant credit card payment claim) on June 29, 2016 through the solomon Savings Bank (transfer around September 28, 201), the NAS System (transfer around December 1, 201), the next limited company (transfer around December 1, 201), the white assets management loan (transfer around May 21, 201), the EL300 asset management loan (transfer around October 26, 2015), and the Plaintiff filed a lawsuit claiming the acquisition of the credit card payment claim (the instant claim) against the Plaintiff.

C. On July 21, 2016, the court rendered a decision on performance recommendation (the decision on performance recommendation of this case) that “the Defendant (the Plaintiff of this case) shall pay the Plaintiff (the Defendant of this case) 4,039,454 won and 992,890 won, whichever is calculated at the rate of 15% per annum from the next day of the delivery of a copy of the complaint to the day of complete payment,” and the said decision on performance recommendation was finalized on August 17, 2016 as it is.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. As to the claim that the plaintiff had already extinguished after the extinctive prescription of the claim of this case was completed, the defendant asserts that the above grounds alleged by the plaintiff were incurred before the date when the decision on performance recommendation of this case became final and conclusive, and therefore, the plaintiff's claim of this case is groundless.

B. According to the above facts of recognition 1, although the instant decision of performance recommendation became final and conclusive on August 17, 2016, the determination of performance recommendation does not take effect even after the final and conclusive decision of performance recommendation, and thus, the lawsuit seeking objection does not apply to the said lawsuit, and thus, the grounds arising prior to the said decision regarding the final and conclusive decision of performance recommendation are also claims.