1. The Defendant’s decision on performance recommendation for the reimbursement claim No. 2018Gaso2860468 against the Plaintiff was based on the Seoul Central District Court.

1. The Defendant filed a claim against the Plaintiff for reimbursement of KRW 691,00 for reimbursement as Seoul Central District Court Decision 2018Da2860468, and delay damages therefrom. On November 12, 2018, the said court rendered a decision on performance recommendation as to the above claim (hereinafter “decision on performance recommendation of this case”) on December 1, 2018, and the said decision became final and conclusive on December 1, 2018.

2. The parties' assertion

A. On January 29, 2018, the Defendant asserted that, around 17:30 on January 29, 2018, the insured vehicle was destroyed by the public parking lot No. 2 (public parking lot No. 200, No. 600, and hereinafter “instant parking lot”) under Part 2 following the E Hospital operated by the Plaintiff, and that the Defendant paid the above repair cost of KRW 691,00 as insurance money, the Plaintiff operating the instant parking lot is liable to pay the amount equivalent to the above insurance money and the damages for delay to the Defendant who acquired the damage claim of the insured vehicle on behalf of the Plaintiff with the payment of the above insurance money.

B. As to this, the Plaintiff asserts that the instant parking lot is operated by the “F organization Gyeonggi-do Seoul Metropolitan Government Gwangjin-si Branch” rather than the Plaintiff, and that the Plaintiff is not responsible for the damage of the said vehicle.

3. Determination

A. As to the final and conclusive decision of performance recommendation, the grounds arising prior to such decision may also be asserted in the lawsuit of demurrer (see Supreme Court Decision 2006Da34190, May 14, 2009). In a lawsuit of demurrer, the burden of proof as to the relevant grounds is in accordance with the principle of allocation of the burden of proof in general civil procedure. Therefore, in a case where the Plaintiff claims that the Plaintiff had not established his/her claim in a lawsuit of demurrer against the final and conclusive decision of performance recommendation, the Defendant is liable to prove the existence of the claim.

B. We examine whether the Plaintiff’s damage liability arises, and there is no evidence to acknowledge that the Plaintiff manages and operates the instant parking lot, and rather, the entire pleadings are made in the statement of evidence No. 5.