1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff for payment of KRW 5,830,00 per annum from November 3, 2015 to the delivery date of a copy of the complaint, and KRW 15% per annum from the next day to the date of complete payment, alleging that he/she had traded goods with the Plaintiff as Cheongju District Court 2018Gabu9702.

B. On August 8, 2018, the said court rendered a decision of performance recommendation, and on August 25, 2018, the said decision became final and conclusive on August 25, 2018 because the Plaintiff did not raise any objection thereto.

[Ground of recognition] Unsatisfy, Gap evidence No. 1

2. The parties' assertion;

A. (1) The Plaintiff is the simple nominal owner of C business, and the actual conclusion of a commodity supply contract with the Defendant is Co. D (former Co., Ltd. E).

(2) Although the actual operator of C was the Plaintiff’s son, F was operating and managing D from March 2015, while F was operating as D’s employee from March 2015, F used C’s name. However, D was practically operating and managing D.

(3) Even if the Plaintiff is recognized as a party to the instant goods supply contract, the Plaintiff did not have received goods from the Defendant.

B. Defendant (1) and D were in a partnership relationship with the Plaintiff (C) but they violated the partnership agreement with D and took advantage of their interests, thereby filing a criminal complaint and civil lawsuit against the Plaintiff and F.

(2) The defendant only issued a tax invoice to the plaintiff or D as requested by F, and claim the price of the goods against the nominal owner of the tax invoice.

3. Determination

(a) In the case of a final and conclusive decision on performance recommendation, the grounds that have arisen prior to the decision on performance recommendation with respect to the claims that form the grounds for such decision, may be asserted in a lawsuit of demurrer against the decision on performance recommendation;

(See Article 5-8(3) of the Trial of Small Claims Act, Article 44(2) of the Civil Execution Act, and the burden of proof as to the grounds for the objection in the lawsuit of objection is allocated in general civil procedure.