1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 17, 2010, the Defendant filed a lawsuit against the Plaintiff for a loan claim (2010 Ghana 31836) with the Cheongyang Branch of the District Court (hereinafter “instant decision on performance recommendation”) and received a decision on performance recommendation from the said court (hereinafter “decision on performance recommendation”), and the instant decision on performance recommendation was finalized on June 4, 2010.

B. On July 25, 2019, the Defendant filed an application with the Seoul Western District Court for a registration of the defaulters’ list, etc. (Seoul Western District Court 2019Kau495) with the obligor as the Plaintiff and received a decision citing the Defendant’s application from the above court.

[Reasons for Recognition] Facts without any dispute, described in Gap's 1 through 4 (including each number if there is an additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion does not have to borrow money from the defendant without knowledge of the defendant, so compulsory execution based on the decision of performance recommendation of this case shall be dismissed.

B. 1) Article 5-7(1) of the Trial of Small Claims Act provides that when a defendant has failed to file an objection within a fixed period, a decision of rejection of an objection, or an objection has been withdrawn, the decision of performance recommendation shall have the same effect as a final and conclusive judgment. However, unlike Article 44(2) of the Civil Execution Act, which restricts that the grounds for objection against a final and conclusive judgment have arisen after the closure of pleadings (in the case of a judgment without holding any pleadings, subsequent to the final and conclusive judgment), Article 5-8(3) of the Trial of Small Claims Act provides that any objection against a request for performance recommendation decision shall not be subject to the restriction under the Civil Execution Act. As such, the grounds arising prior to the final and conclusive decision of performance recommendation may also be asserted in the lawsuit of objection against the final and conclusive decision of performance recommendation (see Supreme Court Decisions 2006Da34190, May 14, 2009; and the burden of proof as to the existence or establishment of a claim in such