A. On July 12, 2018, the Defendant filed a lawsuit against the Plaintiff seeking the payment of KRW 30 million with the Busan District Court Western Branch Decision 2018 Ghana2727, and damages for delay.

B. On July 16, 2018, this Court rendered a decision of performance recommendation as requested by the Defendant, and the said decision of performance recommendation was finalized on August 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 6, the purport of the whole pleadings

2. As the decision on performance recommendation has become final and conclusive and the res judicata does not arise, in a lawsuit of demurrer against a final and conclusive decision on performance recommendation, the failure of the claim prior to the decision on performance recommendation is also a ground for objection. In this case, the burden of proof as to the existence or establishment of the claim is against the defendant in a lawsuit of objection.

In light of the evidence No. 2-1 and No. 2, the fact that transfer of KRW 30 million from the account under the name of the defendant No. 2 to the defendant No. 30 million from March 7, 2017 to the defendant No. 30 million from the account under the name of the defendant No. 2-1 and No. 2 is recognized, but there is no evidence to acknowledge that the loan certificate No. 1 cannot be used as evidence since there is no evidence to acknowledge the authenticity, and there is no other evidence to prove otherwise.

Therefore, compulsory execution based on the decision on performance recommendation of this case cannot be permitted unless there is any proof as to the existence or establishment of the loan claim of this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.