2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

A. On December 4, 2007, the Defendant filed a lawsuit against C for the claim for construction cost under the Seoul Eastern District Court Decision 2007Da39414, and rendered a judgment on December 4, 2007 that “the Defendant shall pay to the Plaintiff KRW 38,00,000 and the amount calculated by the rate of 20% per annum from August 19, 2007 to the date of full payment,” and the above judgment became final and conclusive around that time.

B. Based on the original copy of the above judgment, the Defendant received the seizure and collection order (hereinafter “instant seizure and collection order”) on April 16, 2008 by requesting for the seizure and collection order of KRW 25,090,908 as Seoul Eastern District Court 2008TTT No. 1361 with respect to the claim for the construction cost against the Plaintiff, etc. by designating C as the debtor and the Plaintiff, etc. as the third debtor. The seizure and collection order of this case became final and conclusive around that time after being served on the Plaintiff, etc.

C. In addition, on August 22, 2012, the Defendant received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) from the Plaintiff that “the Defendant shall pay the Plaintiff 4,181,818 won and the amount calculated by the rate of 20% per annum from September 25, 2005 to the date of full payment” (hereinafter “the decision on performance recommendation of this case”), and around that time, the decision on performance recommendation of this case was finalized after the delivery to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-1-3, purport of whole pleadings]

2. The assertion and judgment

A. 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 limit 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.

On the other hand, a collection lawsuit is filed.