1. The Defendant’s decision on performance recommendation against the Plaintiff on October 22, 2018, Jinwon District Court Jinwon Branch of the Defendant, 2018Gau8477.

1. Basic facts

A. On November 20, 2008, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of the fraternity amounting to KRW 20% (hereinafter “instant judgment”) from September 2, 2008 to the day of full payment, the Defendant paid to the Defendant the amount calculated at the rate of KRW 30,00,000 and KRW 20% per annum from September 2, 2008 to the day of full payment (hereinafter “instant judgment”), and the said judgment became final and conclusive as it is.

B. The Plaintiff filed an application for bankruptcy and immunity with the Changwon District Court Decision 2017Hadan1362, 2017Ma1358, and was granted a decision to grant immunity on December 11, 2017 (hereinafter “decision to grant immunity”).

The decision on immunity in this case became final and conclusive on December 27, 2017.

C. On October 22, 2018, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of the fraternity under the Changwon District Court Jinju Branch Decision 2018Gaso8477. On September 22, 2018, the said court paid to the Defendant the amount of KRW 90,657,534, and the amount of KRW 30,000,000 per annum from September 2, 2008 to October 11, 2018, the amount of money calculated at the rate of 20% per annum from September 2, 2008 (hereinafter “instant decision on performance recommendation”). The instant decision on performance recommendation was finalized on November 13, 2018.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, Eul 4, 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) Unlike Article 44(2) of the Civil Execution Act, which limits the grounds for objection to a final judgment after the closure of pleadings (in the case of a judgment without holding any pleadings, after the judgment was rendered), 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 restrictions pursuant to the above Civil Execution Act. As such, regarding the final and conclusive decision on performance recommendation, the grounds arising prior to such decision may also be asserted in a lawsuit for objection to the claim (see Supreme Court Decision 2006Da34190, May 14, 2009).