1. The Defendant’s decision on recommendations for the collection of the collection money case against the Plaintiff by Busan District Court Branching 2019 Ghana 11872.

1. Basic facts

A. On November 15, 2018, the Defendant received a decision of seizure and collection (this court 2018TT 1014) on November 15, 2018 regarding D’s claim for payment of goods against D Plaintiff based on D’s claim on D’s authentic deed.

B. The Defendant filed a lawsuit against the Plaintiff for the claim for the payment of the above collection amount (this Court Decision 2019 Ghana 11872) and confirmed the decision of performance recommendation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Since the decision on performance recommendation has become final and conclusive and the res judicata effect does not arise even if it becomes final and conclusive, in a lawsuit of demurrer against the final and conclusive decision on performance recommendation, the failure to claim prior to the decision on performance recommendation also becomes a ground for objection. In this case, the existence of the claim or the burden of proving the existence of the claim is the defendant in the lawsuit of objection, and there is no evidence to prove that D holds the claim against the plaintiff, so compulsory execution based on the decision on performance recommendation of this case may not be permitted.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.