1. The Defendant’s decision on performance recommendation is based on the Busan District Court’s 2017Gaso35243 Collection Claim against the Plaintiff.

1. Basic facts

A. On February 17, 2017, the Defendant received a seizure and collection order as to the claims, such as the insurance solicitation commission, etc. against the Plaintiff, by designating A and the Plaintiff as the garnishee.

(B) Busan District Court 2017 Taz. 3207).

On June 8, 2017, the Defendant filed a claim for collection under Busan District Court Decision 2017 Ghana35243 based on the above order of seizure and collection, and rendered a final and conclusive decision of performance recommendation on June 8, 2017 that “the Plaintiff shall pay to the Defendant 2,884,970 won and the amount equivalent to 15% per annum from the day after the copy of the complaint of this case is served to the day of full payment (hereinafter “instant performance recommendation decision”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The defendant asserts that, since the defendant received a seizure and collection order against the plaintiff, who is an insurance solicitor belonging to the plaintiff, for the claims for insurance solicitation fees, etc. for the plaintiff, the plaintiff is obligated to pay the collection amount. Accordingly, the plaintiff asserts that although the plaintiff was registered as an insurance solicitor belonging to the plaintiff from January 13, 2017 to May 31, 2017, the plaintiff did not have any fees or benefits to be paid to the plaintiff, since it did not have any record of insurance solicitation, etc.

Article 5-7 of the Trial of Small Claims Act provides that “The decision of performance recommendation shall have the same effect as a final and conclusive judgment unless the defendant raises an objection within two weeks,” while Article 5-8(3) of the same Act provides that “The assertion of an objection against a claim in respect of compulsory execution based on the decision of performance recommendation shall not be subject to restrictions pursuant to Article 33(2) of the Civil Execution Act [in a lawsuit seeking an objection against a claim established by a judgment, the grounds for the objection shall accrue after the conclusion of pleadings (in cases of a judgment without holding any pleadings, after the judgment is rendered).”