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

A. The plaintiff is an individual entrepreneur who runs the construction business under the trade name of "B", and the defendant is a corporation that runs the interior business, etc.

B. On February 14, 2018, the Defendant filed a lawsuit against the Plaintiff claiming for the payment of KRW 6,253,000, as Seoul Western District Court 2018Da5079, and delay damages therefor, by asserting that “The Defendant requested the Plaintiff to perform the construction work of an open cream site work, partitions construction, and installation of a door door, etc., and the Plaintiff paid only a part of the construction cost, and that the unpaid construction cost remains at KRW 6,253,00,00.”

On February 21, 2018, the above court indicated the Defendant (the Plaintiff in the instant decision on performance recommendation) as “an enterprise instead of a stock company” on the instant decision on performance recommendation with the purport that “the Plaintiff would pay KRW 6,253,000 to the Defendant and its delayed payment damages.” However, the decision on performance recommendation was made on March 22, 2018.

(hereinafter referred to as "the decision of execution recommendation of this case") was made on February 26, 2018, which was served on the plaintiff and became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The summary of the plaintiff's assertion 1) It was true that the plaintiff did not pay KRW 5,253,000 among the construction cost to the defendant. However, the plaintiff agreed between the plaintiff and the defendant to introduce the unification construction of the corporation to the defendant in lieu of the above KRW 6,253,000, and the plaintiff actually ordered the defendant to introduce the unification construction of the corporation, so the plaintiff is not obligated to pay KRW 6,253,00 to the defendant. Therefore, compulsory execution based on the decision on performance recommendation of the case shall not be allowed. 2) The plaintiff and the defendant shall not be obliged to pay KRW 6,253,00 to the defendant.