1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a corporation that operates a reinforced concrete construction business, etc., and the Defendant is a person who operates a CY.

B. On July 8, 2019, the Defendant filed a lawsuit claiming against the Plaintiff for the payment of KRW 10,078,267 of the unpaid amount of goods and damages for delay thereof (Seoul District Court Decision 2019Noh5628) and received a decision on performance recommendation from the said court on July 10, 2019 (hereinafter “instant decision on performance recommendation”). The instant decision on performance recommendation was finalized on July 30, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the defendant supplied transit, etc. to limited liability companies D (hereinafter "foreign company") and did not supply the plaintiff.

The defendant claims the price of the goods against the plaintiff on the ground that the representative director of the non-party company is the father of the plaintiff E.

Ultimately, since the Plaintiff does not bear the obligation to pay the goods to the Defendant, compulsory execution based on the decision on performance recommendation of this case should be denied.

B. 1) Article 5-7(1) of the Trial of Small Claims Act provides that when a defendant has failed to file an objection within a fixed period, a decision of rejection of an objection, or an objection has been withdrawn with respect to a decision of performance recommendation, the decision of performance recommendation shall have the same effect as a final and conclusive judgment. However, unlike Article 44(2) of the Civil Execution Act, Article 5-8(3) of the Trial of Small Claims Act provides that the assertion of objection against a decision of performance recommendation shall not be subject to the restriction under the above Civil Execution Act, since Article 5-8(3) of the Trial of Small Claims Act provides that the grounds for objection against a final and conclusive judgment shall be limited to that arising after the final and conclusive judgment has been