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1. The Defendant’s decision on performance recommendation is based on the Jeonju District Court 2018 Ghana 11950 loan case against the Plaintiff.
Reasons
1. Basic facts
A. On February 28, 2017, the Defendant remitted KRW 20 million to the Plaintiff’s account.
B. The Defendant asserted that he lent the above KRW 20 million to the Plaintiff, and filed a lawsuit seeking the payment of the loan KRW 20 million with this Court Decision 2018 Ghana 11950,000 and damages for delay.
C. On March 12, 2018, the said court rendered a decision on performance recommendation (hereinafter “instant decision on performance recommendation”) to the Plaintiff as stated in the said lawsuit’s purport, and the said decision became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 4, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The summary of the parties' assertion 1) The money transferred to the plaintiff by the plaintiff is not a loan, but an investment in joint business with the plaintiff (a business that provides consultation and start-up education for the people intending to start-up a carpet, distributes and sells machinery and materials, such as coffee and coffees, etc. necessary for start-up). The plaintiff's investment of KRW 80 million, the defendant 20 million, and the affairs related to consultation and start-up education for the carpet and start-up, and the profits accrued therefrom are to belong to the defendant, and the proceeds accrued therefrom are to distribute and sell the machinery and materials, such as coffee and coffee, and coffee and coffee, etc., to the plaintiff. Therefore, the defendant's claim against the plaintiff does not exist, so compulsory execution based on the decision on the recommendation of the execution of this case should not be allowed.2) The defendant did not have agreed on joint business between the plaintiff and the plaintiff, and the defendant transferred to the plaintiff at the request of the plaintiff.
B. As to a final and conclusive decision on performance recommendation, the grounds arising prior to such decision may also be asserted in a lawsuit of demurrer against a claim (see Supreme Court Decision 2006Da34190, May 14, 2009). In a lawsuit of objection, the Plaintiff is the Defendant.