A. On October 27, 2004, the Plaintiff was unable to pay the price to the Defendant during the supply of swine from the Defendant. The Defendant filed a lawsuit against the Plaintiff (the Jeju District Court 2004Gais998) seeking the payment of the said price and received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) from the above court on October 27, 2004 that “the Plaintiff would pay KRW 6,435,300 to the Defendant and its delay damages.” The said decision became final and conclusive on November 20, 2004.

B. Since then, the Defendant sent to the Plaintiff a certificate of content seeking the payment of the above goods. On November 13, 2012, the Defendant applied for seizure of the Plaintiff’s corporeal movables on the ground of the decision on performance recommendation, but did not pay the enforcement cost, and the said application was deemed withdrawn.

C. On December 21, 2015, the Defendant filed a lawsuit against the Plaintiff ( Jeju District Court 2015da25726) seeking payment of the purchase price of goods, and withdrawn the said lawsuit on January 22, 2016.

Based on the decision on performance recommendation of this case, the Defendant applied for a collection order of the Plaintiff’s claim for the seizure and collection order of the Plaintiff’s claim (Jaeong Branch District Court Decision 2016 other 2140), and made a decision of acceptance on March 3, 2016, and came into force around that time.

[Ground] In the absence of dispute, the statute of limitations interrupted due to a judicial claim on the respective entries in Gap's 1 through 3, 6, 7, and Eul's 1 through 3 (including additional numbers), and on the grounds of a claim for judgment as to the whole purport of the pleadings, shall commence anew from the time the judgment becomes final and conclusive. As such, the plaintiff's claim against the defendant for the payment of goods proceeds proceeds from November 20, 2004 where the decision on performance recommendation in this case became final and conclusive. Thus, the statute of limitations expired on November 20, 2014 where ten years elapsed from November 20, 2004.

Therefore, barring special circumstances, compulsory execution based on the instant decision on performance recommendation should not be allowed.

The defendant's defense.