1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the driver of Cump truck (hereinafter “Plaintiff-motor vehicle”), and the Defendant is the owner and driver of Dump vehicle (hereinafter “Defendant-motor vehicle”).

B. The Defendant filed a lawsuit against the Plaintiff as Daejeon District Court 2019 Ghana46187, and the said court rendered a decision on performance recommendation on December 12, 2019, stating that “the Plaintiff shall pay KRW 1,481,920 to the Defendant and its delay damages.”

(hereinafter referred to as “instant decision on performance recommendation”). (c)

The instant decision on performance recommendation was served on the Plaintiff on December 17, 2019, and was made on January 1, 2020 due to the Plaintiff’s no objection.

On the other hand, the cause of the instant decision of performance recommendation is that “the Defendant incurred damages equivalent to KRW 1,481,920,920, away from the Plaintiff’s vehicle operating the four-lanes of the four-lanes as of April 24, 2019, to the area of the Sejong Pungdong-dong and the area of the three-lanes of the four-lanes of the four-lanes of the four-lanes of the four-lanes, as of the North U.S. basin, while driving the four-lanes of the four-lanes of the four-lanes.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. Even if the decision on performance recommendation has become final and conclusive and the res judicata does not take place, the said decision does not apply to a lawsuit seeking an objection against the said decision based on the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). Therefore, in a lawsuit seeking the objection, the determination of all the claims indicated in the decision on performance recommendation may be made on the grounds of the claim. In this case, the burden of proving the existence or establishment of the claim lies in the obligee, i.e., the “Defendant” in the lawsuit claiming the objection.

B. 1) According to the purport of the overall visual and oral arguments, each of the descriptions in subparagraphs 1 through 4 (including paper numbers) and the recognition of liability for damages, the Defendant shall be held liable.