1. The Defendant’s decision on performance recommendation is based on the Seoul East Eastern District Court Decision 2018 Ghana42830 dated January 25, 2019.

1. Basic facts

A. On April 18, 2007, the Plaintiff borrowed KRW 1.2 million from E Co., Ltd. (hereinafter “Non-Party Company”) and lost the benefit of June 26, 2008 when the Plaintiff failed to repay KRW 997,38 of the principal amount. On December 31, 2008, the Defendant acquired the above loan claim against the Plaintiff from the Non-Party Company (hereinafter “the instant claim”).

B. On December 10, 2018, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the said amount (Seoul Eastern District Court 2018 Ghana428830), and the court made a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) as of January 25, 2019, and the said decision on performance recommendation was served on the Plaintiff on January 31, 2019 and became final and conclusive as of February 15, 2019.

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

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s claim in this case was filed on December 10, 2018, which was five years after the date following the date on which the Plaintiff’s claim was made based on the due date, and the statute of limitations was completed.

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

B. In light of the judgment, the fact that the period of repayment of the instant claim became due as of June 26, 2008, when the Plaintiff lost the benefit of time, became due, is as seen earlier. As such, on December 10, 2018, when the Defendant filed a lawsuit based on the instant claim against the Plaintiff, it is apparent that the period of payment has expired five years after the said period of payment, and thus, the instant claim had already expired at the time of filing the lawsuit.

Therefore, since the claim in this case had already ceased to exist before the Defendant brought an action, even if the decision of performance recommendation pursuant to the claim in this case became final and conclusive, it would have become final and conclusive after the claim in this case was extinguished, and

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

3. The defendant's defense is judged.