1. The plaintiff's claim is dismissed.

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

Basic Facts

【Final Decision on Performance Recommendation as to the Defendant’s claim for the amount of money transferred to the Plaintiff】 On February 27, 2007, Gap evidence Nos. 4, Eul evidence Nos. 1, 2, and 2 were written (including a serial number; hereinafter the same shall apply). On May 13, 2005, the Defendant indicated the entire purport of the pleadings, and the name of ELI Capital, a financial institution which caused loan to the Plaintiff, was changed to ELI on May 13, 2004. The judgment did not distinguish before and after the mutual change, indicated only the "ELI" as the "ELI" card, and notified the Plaintiff on the 16th of the same month. On February 27, 2007, the Defendant filed a lawsuit against the Plaintiff for the payment of the money transferred to the Plaintiff (Seoul District Court Decision 2007Ga61413, Mar. 9, 2007).

4. 5. Fact finding final and conclusive.

(2) The Plaintiff’s assertion that the Defendant’s claim against the Plaintiff is based on the “instant claim for acquisition money,” and the “instant decision on performance recommendation,” and that the Plaintiff’s assertion is seeking to exclude the enforcement of the instant decision on performance recommendation for the following reasons.

The plaintiff did not receive a notice of assignment of claims from the EL branch card or the defendant.

[Judgment of the court below] The claim for the transfer of claim was completed by five years.

Specifically, the period of extinctive prescription was interrupted by filing a request for auction of the Plaintiff’s real estate on February 2, 200. Since the ownership transfer registration based on sale was completed on December 28, 2001, the cause of extinctive prescription was annulled. Since the Defendant filed a lawsuit on February 27, 2007, which served as the premise of the decision on performance recommendation of the instant case, the period of extinctive prescription expired.

【Completion of Extinctive Prescription - In particular, the completion after the interruption of the extinctive prescription】 The EL branch card receives some of the interest and principal in the auction procedure.