임대차보증금반환
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Defendant asserts that the instant lawsuit should be dismissed on the grounds that the Plaintiff and the Defendant confirmed, except as otherwise expressly provided for in the conciliation protocol in accordance with the Suwon District Court Decision 2016Kadan2617 (No. 2617), no obligation exists except as otherwise provided for in the conciliation protocol, and that they are not charged with criminal liability.
On January 21, 2016, the Plaintiff filed a lawsuit against the Defendant seeking wages with the Suwon District Court 2016Kadan2617 (hereinafter “prior case”) and on May 13, 2016 from the preceding case, the Defendant shall pay to the Plaintiff KRW 5 million up to June 30, 2016. ② If the Defendant does not pay all the above amount by the due date, the Plaintiff shall pay to the Plaintiff the unpaid amount plus damages at the rate of 15% per annum from the day following the due date until the due date of full payment. ③ The Plaintiff and the Defendant shall waive the remainder of the claims. ④ The Plaintiff confirm that there is no obligation other than those provided for in each of the above provisions as of the date of conciliation, and shall not be held liable for criminal liability. ⑤ The conciliation of the litigation costs and the conciliation costs (hereinafter “instant conciliation”); and the Defendant’s assertion that no dispute exists between the Plaintiff and the Plaintiff or the Plaintiff’s entire pleadings pursuant to the purport of each of the parties’ arguments.
However, the same effect as a final and conclusive judgment recognized in the conciliation protocol extends only to the judgment on the existence of a legal relationship which is a subject matter of lawsuit. Thus, if the case is referred to the conciliation and the conciliation is concluded during the proceedings, the legal relationship is specified in the conciliation clause or is stated additionally after the claim is indicated in the conciliation protocol, unless there are special circumstances.