1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The Defendant, on April 20, 2018, filed a lawsuit against the Plaintiff seeking payment of the amount equivalent to the repair cost of the instant vehicle under the Busan District Court Decision 201548, Nov. 16, 2018 (hereinafter “instant vehicle”) and the amount equivalent to KRW 14,759,539 (hereinafter “the instant order of performance recommendation”) to which the Plaintiff used the instant vehicle as “D vehicles owned by the Defendant” (hereinafter “instant vehicle”). On April 20, 2018, the Defendant received an annual decision of performance recommendation (hereinafter “the instant order of performance recommendation”) from the Defendant, and the said decision of performance recommendation became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. Article 5-7(1) of the Trial of Small Claims Act provides that when the defendant does not raise an objection within a fixed period of time, the decision of rejection of an objection becomes final and conclusive, or the objection is withdrawn, the decision of performance recommendation shall have the same effect as the final and conclusive judgment.

However, unlike Article 44(2) of the Civil Execution Act, Article 5-8(3) of the Trial of Small Claims Act, which limits the grounds for objection against a final and conclusive judgment to be arising after the pleadings for the final and conclusive judgment have been concluded (in the case of a judgment without holding any pleadings, after the judgment was rendered), provides that the assertion of objection against a request for a decision on performance recommendation shall not be subject to the restriction pursuant to the above provisions of the Civil Execution Act. As such, the grounds arising prior to the final and conclusive decision on performance recommendation may also be asserted in a lawsuit of objection against the claim (see Supreme Court Decision 2006Da34190, May 14, 2009). In this case, the creditor, namely,