A. The Plaintiff is a company running domestic and foreign travel business, chartered bus transportation business, etc., and the Defendant was a person who runs oil wholesale and retail business under the trade name of “B gas station.”

B. The Defendant asserted that, even though the Plaintiff supplied an amount equivalent to KRW 7.5 million to March 2010 from March 2009 to March 2010, the Plaintiff was unable to receive credit payment from the Plaintiff. On May 29, 2015, the Defendant filed a lawsuit claiming the purchase price of goods against the Plaintiff at Busan District Court 2015Ga62951.

C. On June 3, 2015, the court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) that “the Defendant (the Plaintiff of this case) shall pay the Plaintiff (the Plaintiff of this case) the amount of KRW 7,500,000 and the amount calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of complete payment,” and the said decision on performance recommendation became final and conclusive as it is.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 3, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant filed a lawsuit against the Plaintiff as Busan District Court No. 2013 Ghana31557 regarding the price of the goods, including the price of the goods in the decision on the recommendation of execution of the instant case, and as a result, the Defendant filed a lawsuit seeking the claim for the price of the instant goods even though the Defendant’s claim

The extinctive prescription of the claim for the purchase price of goods was completed.

B. (i) According to the evidence evidence Nos. 1 and 2 as to the assertion that there was one identical claim, the fact that the Defendant filed a lawsuit against the Plaintiff against the Plaintiff with Busan District Court 2013Da31557 and the final dismissal of the Defendant’s claim becomes final and conclusive (hereinafter “the final and conclusive judgment”). However, the above fact of recognition alone makes a claim for the price of goods under the final and conclusive judgment on performance recommendation of this case and the claim for the price of goods under the decision on performance recommendation of this case.