1. Compulsory execution against the Defendant’s Plaintiff is based on the decision on performance recommendation for this Court-2019 Ghana30525.

1. In full view of the facts that there is no dispute between the parties to the determination on the cause of the claim, the fact that the Plaintiff is the heir of D, who died on March 2, 2018, and the purport of the entire pleadings, the Plaintiff filed a lawsuit against the Plaintiff seeking the performance of the net D’s claim amount under this court’s 2019 Ghana30525. On January 31, 2019, the above court decided to recommend performance to the Plaintiff for payment of KRW 3,231,170 and delay damages therefor. The above decision to recommend performance was delivered to the Plaintiff on February 23, 2019, and confirmed on March 12, 2019, and the Plaintiff received the report on performance recommendation from the court on May 31, 2018, and accepted the report on the inheritance of the deceased’s property from the court on May 23, 2018.

The purport of the provisions of the Trial of Small Claims Act is that the effect of a final and conclusive decision on performance recommendation, other than res judicata, is recognized as incidental effect such as executory power and legal requisite effect, which is the remaining effect, excluding res judicata, and that of res judicata is not recognized (see, e.g., Supreme Court Decision 2006Da34190, May 14, 2009). Even if an obligor, even though a qualified acceptance is made by an obligor, and the obligor did not assert such fact by the time of closing argument in the lawsuit brought by the obligee, and thus a judgment with no reservation of the scope of liability becomes final and conclusive

(See Supreme Court Decision 2006Da23138 Decided October 13, 2006). In addition, where a qualified acceptance of inheritance has been made, an inheritor shall be liable within the scope of inherited property, i.e., within the scope of the property to be acquired by inheritance with respect to the obligation of the inheritee.

I would like to say.

(Article 1028 of the Civil Act) In light of the above legal principles, compulsory execution based on the decision of performance recommendation is due to the Plaintiff’s inheritance.