1. The defendant's decision on performance recommendation is based on the Seoul Southern District Court Decision 2005Gaso235475 against the plaintiff.

1. The defendant filed a lawsuit against the plaintiff on August 16, 2005 against the plaintiff (Seoul Southern District Court 2005Dada235475), and the court decided to recommend performance on August 24, 2005, and the decision to recommend performance (hereinafter "the decision to recommend performance of this case") became final and conclusive on September 21, 2005 without the plaintiff's objection.

The grounds for the instant decision on performance recommendation are that “the Defendant acquired the credit account receivable amounting to KRW 11,485,857 from the Co., Ltd. on June 16, 2005 from the Plaintiff.”

[Ground of recognition] Evidence No. 1, No. 1, and No. 1

2. As the decision on performance recommendation has become final and conclusive and the res judicata does not arise, in a lawsuit of demurrer against a final and conclusive decision on performance recommendation, the failure of the claim prior to the decision on performance recommendation is also a ground for objection. In this case, the burden of proof as to the existence or establishment of the claim is against the defendant in a lawsuit of objection.

After about 14 years from the date when the decision on performance recommendation of this case became final and conclusive, the lawsuit of this case is filed, and it seems difficult for the defendant to keep clear evidence as to the existence of the claim.

In addition, according to the evidence Nos. 3 and 5, the defendant received a seizure and collection order (Seoul Central District Court 2014TTT 15343) against the plaintiff's deposit claim against D, etc. as the executive title of the execution order of this case on May 27, 2014, and it is recognized that the plaintiff did not raise any special objection.

However, the defendant did not explain the cause of credit sales claim against C in relation to the plaintiff, the circumstances in which the defendant acquired it, etc., and did not try to search witness to prove the existence of the claim, such as the related person C, who is the transferor of the claim. ② The above 2014 TTT15343 claims and collection order did not exist.