1. The Defendant’s recommendation decision on the Defendant’s payment of goods against the Plaintiff is based on the Court’s 2016 Ghana1268 decision.

1. Basic facts

A. On September 16, 2015, the Defendant applied for a payment order against the Plaintiff in Seoul Central District Court 2015 tea39489, and the payment order became final and conclusive.

B. On June 14, 2016, the Defendant filed a lawsuit against the Plaintiff on the same purport of claim and cause of claim as the above payment order, and confirmed a decision of performance recommendation on the same date.

2. The case of the price for goods brought by the Defendant against the Plaintiff falls under a subsequent suit filed against the same subject matter of lawsuit, and thus, a compulsory execution based on the decision of performance recommendation cannot be allowed, since it constitutes an unlawful lawsuit against the principle of prohibition of double filing, since the case constitutes an identical subject matter of lawsuit.

Therefore, the plaintiff's claim seeking non-permission of compulsory execution is reasonable, and it is so decided as per Disposition.