1. The Defendant’s decision on performance recommendation for the goods payment case against the Plaintiff is based on the Changwon District Court Decision 2019 Ghana904.

Since the final and conclusive decision on performance recommendation does not take place as res judicata, in a lawsuit of demurrer against the final and conclusive decision on performance recommendation, the failure of the claim prior to the decision on performance recommendation is also a ground for objection. In this case, the burden of proving the existence or establishment of the claim is against the defendant in a lawsuit of objection.

Although the defendant asserts that the plaintiff is liable for the repayment of KRW 11,300,000 for the re-production cost of the product, it is not sufficient to recognize the same only with each description of evidence Nos. 1 through 4, and there is no other evidence to prove this otherwise.

Therefore, it is reasonable for the defendant to refuse compulsory execution based on the decision on performance recommendation of this case, which is based on the premise that the defendant's right to claim for re-production costs of products exists, so it is so decided as per Disposition by the plaintiff.