청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant: (a) the Plaintiff entered into a contract with the Plaintiff to process the clothing in China and supply it to the Defendant; and (b) the Defendant did not supply the clothing to the Plaintiff; (c) the Plaintiff incurred damages of KRW 22,463,190 remaining after deducting the amount of KRW 8,516,810 ($ 7,537) from the amount of damages for the clothes that the Plaintiff would pay to the Plaintiff at KRW 30,980,00,00 of the amount of damages for the clothing that was not supplied due to the Plaintiff’s failure to supply the clothing; and (d) filed a lawsuit for the payment of the goods by this Court Decision 2018Ga
This Court served the Plaintiff with a decision on performance recommendation, and the decision on performance recommendation became final and conclusive on February 8, 2019 due to the Plaintiff’s failure to raise an objection thereto.
(hereinafter referred to as the “instant decision on performance recommendation”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1, significant fact in this court, and purport of the whole pleadings.
2. The defendant asserts to the effect that the plaintiff's filing of an objection on the grounds of the reasons before the decision on performance recommendation of this case becomes final and conclusive is unlawful as it goes against the res judicata.
Article 5-7 (1) of the Trial of Small Claims Act provides that when the defendant does not raise an objection within a fixed period of time, a decision of rejection of objection, or an objection is withdrawn, the decision of execution recommendation shall have the same effect as a final and conclusive judgment.
However, unlike Article 44(2) of the Civil Execution Act, which limits the grounds for objection to 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 a judgment is pronounced), Article 5-8(3) of the Trial of Small Claims Act provides that the assertion of objection to a request for a decision on performance recommendation shall not be subject to the restriction under the above Civil Execution Act. Accordingly, the final and conclusive decision on performance recommendation shall