1. The Defendant’s Seoul Western District Court 2014Gaso61705 projected against the Plaintiff.

1. Basic facts

A. On October 30, 2012, the Plaintiff completed business registration (registration number E) with respect to the main points of “C” (BAR, trade names “D” before change; hereinafter “instant main points”) located on the second floor of Seoul Gangnam-gu Seoul, and operated the main points of this case.

B. Since May 29, 2013, the instant main points were registered as a business operator around May 29, 2013, and the Plaintiff was registered as a business operator by June 20, 2013 (20% of shares) and became a business operator solely from June 21, 2013.

On the other hand, on June 15, 2013, the Plaintiff opened a restaurant located in Sungnam-si G in Sungnam-si and completed business registration (registration number I).

C. From May 31, 2013 to June 7, 2013, the Defendant supplied the Plaintiff with KRW 1,947,638 of alcoholic beverages three times, and on July 21, 2013, the Defendant filed a lawsuit claiming for the payment of KRW 3,597,638 in total against the Plaintiff (hereinafter “instant product payment claim”) (Seoul Western District Court Decision 2014Na61705 Decided July 21, 2013).

The instant lawsuit was concluded upon November 20, 2014 when the decision on performance recommendation was made on October 1, 2014 (hereinafter “instant decision on performance recommendation”).

[Ground of recognition] The fact that there is no dispute, Gap 1, 2-1, 2-2, and Gap 3-3, witness F's testimony, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. In an action of demurrer against a final decision of performance recommendation, not only the grounds for extinguishing a claim after the decision of performance recommendation, or preventing the exercise of a claim, but also the failure or invalidity of a claim before the decision of performance recommendation is also the grounds for objection (see, e.g., Supreme Court Decision 2005Da54999, Jan. 26, 2006). In addition, the burden of proof as to the grounds for objection in an action of objection is also based on general civil procedure.