1. The Defendant’s decision on performance recommendation is based on the Incheon District Court’s decision on May 24, 2019 2019 Ghana452.

1. Facts of recognition;

A. On March 6, 2017, the Plaintiff is a contractor who was awarded a contract for construction and interior works of D ground buildings and interior works (hereinafter “instant construction works”) with the construction cost of KRW 220,000,000.

B. On June 30, 2017, the Defendant filed a lawsuit against the Plaintiff for the payment of the goods priceing KRW 9,350,000 and delayed damages, along with an electronic tax invoice as of June 30, 2019, as the Incheon District Court 2019Da45452, claiming that the Plaintiff purchased the goods, such as paints, to be used for the instant construction from the Defendant.

On May 24, 2019, the foregoing court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”). The said decision on performance recommendation was served on the Plaintiff on June 24, 2019 and finalized on July 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff asserted that there was no purchase from the Defendant of goods such as paint to be used in the instant construction, and the Defendant appears to have directly supplied paint, etc. to C and received the price of goods from C. Thus, the Plaintiff’s obligation to pay the goods to the Defendant does not exist, and compulsory execution based on the decision of execution recommendation of the instant case should not be denied.

3. Determination

A. Although the decision on performance recommendation has become final and conclusive and the res judicata does not take place, the restriction is not applied to a lawsuit of demurrer pursuant to the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). Therefore, in a lawsuit of demurrer, the deliberation and determination of all the claims indicated in the decision on performance recommendation may be made on the grounds of appeal. In this case, the burden of proof on the existence or establishment of the claim shall be borne by the creditor, i.e., the defendant in the lawsuit of objection.

In addition, a lawsuit of demurrer has an executive title.