A. On February 28, 2008, the Defendant filed a lawsuit against the Plaintiff, etc. on the claim for loans under the Busan District Court Decision 2008 Ghana118979. The above court decided to recommend performance on April 4, 2008. The above decision was served on the Plaintiff on April 10, 2008.

On April 15, 2008, the Plaintiff filed an objection against the above decision, but the service of the Plaintiff was impossible due to the absence of a closed door, etc., and the above court rendered a judgment on October 13, 2008, stating that “the Plaintiff shall jointly and severally with C and the Defendant pay 2,664,563 won and 2,664,340 won with 35% interest per annum from June 19, 2003 to the date of complete payment” (hereinafter “instant judgment”), and the above judgment became final and conclusive at that time.

B. On July 26, 2011, the Plaintiff was granted immunity on November 29, 201 by filing a bankruptcy and application for immunity with the Busan District Court Decision 201Hau2282 and 201Hau282, which became final and conclusive on December 14, 2011. The claim of this case was not stated in the list of creditors submitted by the Plaintiff at the time of the application for immunity.

C. On August 23, 2018, the Defendant filed a lawsuit against the Plaintiff, etc. against the Busan District Court 2018Gaso42934 for the extension of the prescription period of the instant judgment claim. On August 31, 2018, the said court rendered a decision on performance recommendation (hereinafter “the instant decision on performance recommendation”) with the same content as the instant decision, and the said decision was served on the Plaintiff on September 19, 2018, and became final and conclusive on October 5, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Although the decision on performance recommendation has become final and conclusive and the res judicata does not take place, the restriction pursuant to the time limitation of res judicata does not apply to a lawsuit seeking an objection (Article 5-8(3) of the Trial of Small Claims Act). In a lawsuit seeking the objection, all the claims stated in the decision on performance recommendation are asserted.