beta
(영문) 서울중앙지방법원 2019.05.31 2018재머32

손해배상

Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the applicant.

Reasons

1. On March 28, 2018, the applicant filed an agreement with the respondent to withdraw the instant application for conciliation and the respondent to waive the unpaid call fee of KRW 560,000 from the date of conciliation of the instant application for conciliation (hereinafter “instant application for conciliation”).

On March 29, 2018, the applicant prepared and submitted a written withdrawal of the application for conciliation of this case to the court on the following day, and the application for conciliation of this case was already withdrawn before the applicant submits a written withdrawal, which is the responsibility of the conciliation committee.

In addition, even though the applicant prepared and submitted a written withdrawal of the instant application for conciliation in accordance with the above agreement with the respondent, the respondent continues to send 560,000 won to the applicant without implementing the above agreement.

Therefore, the applicant seeks revocation of the conciliation protocol prepared on March 28, 2018 with respect to the instant conciliation case.

2. Article 461 of the Civil Procedure Act provides that the subject matter of quasi-examination is “a compromise protocol, a protocol of waiver or recognition of claim, or a ruling or order which may be contested as an immediate appeal,” and further, the subject matter of quasi-examination is also subject to quasi-examination, such as a protocol of mediation having the same effect as the final judgment.

On March 28, 2018, at the third conciliation date of the instant conciliation application case, the applicant stated that “the withdrawal of the instant application shall be made” and the respondent’s agent stated that “the withdrawal of the instant application shall be made” is obvious in the record. The instant conciliation application case is only terminated after the applicant voluntarily withdraws the application at the third conciliation date as above, and the conciliation protocol has not been prepared regarding the instant conciliation application case, and the applicant has not been revoked by the quasi-deliberation lawsuit.