1. Based on the Defendant’s decision of performance recommendation as of April 17, 2013, this Court Decision 2012Gapo235639 case against the Plaintiff.

1. If the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1 through 3, the defendant filed a lawsuit against the plaintiff on December 31, 2012 against the plaintiff for a credit card price claim under this Court Ordinance No. 2012Gaso235639, the plaintiff used a credit card from Choung Bank (hereinafter referred to as the "Haung Bank") for the ground of the claim, and failed to pay the principal amount of KRW 7,994,00 and its funds. The Choung Bank was the Promotion Savings Bank Co., Ltd. (hereinafter referred to as the "Promotion Savings Bank") on October 31, 2003, and the Promotion Savings Bank asserted that the defendant transferred the above credit card price claim (hereinafter referred to as the "credit card price claim") to the defendant on June 15, 2011, the court acknowledged that the execution recommendation was not made by the defendant on April 17, 2013 as the defendant's claim collection recommendation order and its execution recommendation order against the defendant.

2. Determination on the cause of the claim

A. The Plaintiff asserts that, as the cause of the instant claim, since the Defendant filed a lawsuit for the claim for the amount of credit card purchase payment (2012Gada235639) after the statute of limitations has expired, compulsory execution based on the instant performance recommendation decision should be denied.

B. Article 5-7 of the Trial of Small Claims Act provides that “The decision of performance recommendation shall have the same effect as a final and conclusive judgment unless the defendant raises an objection within two weeks.” Meanwhile, Article 5-8(3) of the same Act provides that “The assertion of objection against a claim for compulsory execution by the decision of performance recommendation shall be subject to Article 44(2) of the Civil Execution Act.”