청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and therefore, it refers to the part of the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. According to the conciliation protocol 3 in the case of damages compensation between the Plaintiff and the Defendant in Seoul Southern District Court 2018Y62 (former), the Plaintiff and the Defendant may not file a legal lawsuit in the future.
Nevertheless, since the plaintiff filed a lawsuit to raise an objection to the claim of this case, the lawsuit of this case is deemed to have been filed against the agreement on the lawsuit.
B. According to the statement in Gap evidence No. 1, it can be acknowledged that "the applicant (defendant) and the respondent (Plaintiff)" in paragraph 3 of the above conciliation protocol are stated as follows: "In addition to those stipulated in each of the above provisions, it is confirmed that both parties confirm that there is no obligation or obligation between them as to all the days (including defamation, etc.) occurred by the early political party, and they do not raise any civil or criminal objection in the future."
The above paragraph (3) is merely an agreement between the plaintiff and the defendant on all the affairs arising between the plaintiff and the defendant until the date of the above mediation, and cannot be viewed as an agreement on the father's lawsuit on the issues arising after the date of the above mediation.
Therefore, it cannot be deemed that the agreement to bring an action in the process of the above conciliation is effective in the lawsuit of the objection of this case. Thus, the defendant's defense prior to the merits is without merit.
3. The plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just as it is, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.