1. The defendant's case of the price of goods against the plaintiff of Incheon District Court Decision 2018Gapo2347 decided Kimpo-si, Kimpo-si, Kimpo-si.

1. In fact, the fact that the Defendant filed a lawsuit against the Plaintiff for the claim for the purchase of goods against the Plaintiff in this Court, and that the decision of performance recommendation reached the Plaintiff, but the decision of performance recommendation became final and conclusive as it did not raise any objection, is significant in this Court.

2. Although the decision on performance recommendation has become final and conclusive and the res judicata does not take place, the restriction pursuant to the time limitation of res judicata does not apply to a lawsuit of demurrer (Article 5-8(3) of the Trial of Small Claims Act). In a lawsuit of demurrer, the determination of performance recommendation may be deliberated and determined on all the claims indicated in the decision on performance recommendation. In such a case, the burden of proving the existence or establishment of the claim is the defendant in the lawsuit of objection.

3. The defendant's assertion as to the defendant's claim is that the price of goods in the application for the decision on performance recommendation as above was paid by the defendant to Co., Ltd. on February 27, 2017 to August 31, 2017, but the plaintiff is the representative director of Co., Ltd. and the above company is practically one company, and the plaintiff is liable for the defendant's claim for the price of goods against the above company

However, in full view of all the materials submitted by the Defendant, insofar as there is no evidence to conclude that the above company is a single-person company, it is reasonable to view that the Defendant’s claim for the price of goods supplied to the above company cannot be claimed against the Plaintiff.

Therefore, as long as the defendant did not prove the existence of the claim, it is decided as per Disposition.