1. The Defendant’s loans to the Plaintiff, Changwon District Court Decision 2015Gau21746, Changhae District Court Decision 2015Gau21746.

1. The Defendant, on November 18, 2015, filed a lawsuit against the Plaintiff seeking a loan under this Court No. 2015 Ghana21746, and received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) from this Court on December 16, 2015, and the fact that the instant decision on performance recommendation of this case became final and conclusive on February 2, 2016 does not conflict between the parties or is recognized by the statement in the evidence No. 2 of this Court.

2. Determination:

A. The decision of performance recommendation does not take place even after the final and conclusive decision has become final and conclusive, and thus, the restriction is not applied to a lawsuit of demurrer pursuant to the time limit of res judicata, and thus, in the hearing of the relevant lawsuit of objection, the determination of all the claims stated in the decision of performance recommendation may be possible. In this case, the burden of proof for the existence or establishment of the claim is against the defendant in the lawsuit of objection.

(See Supreme Court Decision 2006Da34190 Decided May 14, 2009, etc.). B.

In this regard, the defendant himself was only engaged in a transaction with the plaintiff's partner C, and he was not engaged in any monetary transaction with the plaintiff himself, and there is no other evidence to acknowledge that the defendant has a loan claim against the plaintiff.

Therefore, as the defendant's right to claim against the plaintiff cannot be recognized, compulsory execution based on the decision of performance recommendation of this case should be denied.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.