양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the defendant (Plaintiff).
purport, purport, and.
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and the purport of the entire pleadings:
On June 1, 2007, the Daegu District Court rendered a decision of performance recommendation that "the defendant would pay the same amount as that stated in the above claim to the plaintiff" to the plaintiff on June 1, 2007, in the Daegu District Court resident support case 2007 Ghana3523."
B. After that, the above decision on performance recommendation was served on the defendant on June 7, 2007, and there was no objection by the defendant, which became final and conclusive on June 22, 2007.
2. Eligibility for retrial;
A. The defendant asserts that the above decision of performance recommendation should be revoked on the ground that the grounds for retrial under Article 451 (1) 6 of the Civil Procedure Act or the grounds for quasi-examination under Articles 461 and 451 (1) 6 of the Civil Procedure Act are applicable.
B. As to whether the decision on performance recommendation is subject to review, Article 5-7(1) of the Trial of Small Claims Act provides that when the defendant, with respect to the decision on performance recommendation, fails to raise an objection within a specified period, the decision on performance recommendation becomes final and conclusive, or where an objection is withdrawn, the decision on performance recommendation shall have the same effect as the final and conclusive judgment.
However, unlike Article 44(2) of the Civil Execution Act, Article 5-8(3) of the Trial of Small Claims Act, which limits the grounds for objection against a final and conclusive judgment to be arising after the pleadings have been closed (in the case of a judgment without holding any pleadings, after the judgment is pronounced), provides that the assertion of objection against a request for a decision on performance recommendation shall not be subject to the restriction pursuant to the above Civil Execution Act. Therefore, the grounds arising prior to the final and conclusive decision on performance recommendation may also be asserted
In light of this, the purpose of the provisions of the Trial of Small Claims Act is to make a final and conclusive decision of performance recommendation.