청구이의
1. The defendant's case to return the deposit money to the defendant's Goyang-si District Court 2016Gau 57610, Goyang-si District Court 2016.
1. In full view of the purport of the entire pleadings as to the evidence No. 1 of the facts based on Gap, the defendant filed a lawsuit against the plaintiff and Eul on December 7, 2016 to claim the return of deposit under the High Government District Court 2016 Ghana 57610, the court below decided to recommend performance on December 22, 2016, and it is recognized that the plaintiff and Eul did not raise any objection within the objection period.
2. The parties' assertion and judgment
A. The parties' assertion that the plaintiff did not enter into a contract for the supply of clothing with the defendant (hereinafter "the contract for the supply of clothing of this case") and that the person who entered into the contract for the supply of clothing of this case with the defendant is C.
On the other hand, the defendant asserts that since the plaintiff entered into a contract for the supply of the clothing of this case with the plaintiff operating the "D" trade name, the plaintiff is obligated to return the above deposit to the defendant.
B. Determination 1) The decision of performance recommendation does not take place even after the final and conclusive decision has become final and conclusive, and thus, the restriction is not applicable to the lawsuit of objection pursuant to the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). In the lawsuit of objection, the defendant may deliberate and determine all the claims indicated in the decision of performance recommendation. In this case, the burden of proof as to the existence or establishment of the claim is insufficient to recognize that the defendant entered into a contract for the supply of the clothing in this case with the plaintiff and paid the security deposit to the plaintiff. Rather, there is no other evidence to acknowledge that the defendant concluded the contract for the supply of the clothing in this case with the plaintiff, and there is no other evidence to support it, namely, the defendant's clothes, etc. from C in the complaint of the lawsuit of claim to return the security deposit.