청구이의
1. On December 12, 2017, the Daegu District Court of Permanent Residence against the Plaintiff of the Defendants, the Daegu District Court of the Republic of Korea (2017 Ghana 2588).
1. Although the decision on performance recommendation has become final and conclusive and the res judicata does not take place, the restriction is not applied to a lawsuit of demurrer pursuant to the time limitation of res judicata (Article 5-8(3) of the Trial of Small Claims Act). Therefore, in a lawsuit of demurrer, the determination of performance recommendation may be deliberated and determined on all the claims indicated in the decision on performance recommendation. In such a case, the burden of proof on the existence or establishment of the claim shall be borne by the obligee, i.e., the defendant in the lawsuit of objection.
2. In light of the fact that the Defendants transported the Plaintiff’s goods to F Co., Ltd. (hereinafter “F”), and claimed freight charges against F, the tax invoice was issued to F, and the Plaintiff appears not to have claimed freight charges, and the F demanded freight charges against the Plaintiff only when the Plaintiff was declared bankrupt, the evidence submitted by the Defendants alone is insufficient to deem that the Plaintiff agreed to pay the freight charges to the Defendants, and that the Plaintiff agreed to pay the freight charges to the Defendants, or that the Plaintiff agreed to pay the freight charges to the Defendants, and there is no other evidence to prove otherwise.
(F) The Defendants are deemed to have entered into a contract of carriage with the content that is to receive the freight from F. 3. Therefore, the existence of the right to claim reimbursement of the instant performance recommendation is not recognized. Therefore, the enforcement of the instant performance recommendation decision should be excluded.