부당이득반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. With respect to the instant lawsuit that the Plaintiff seeks to return 1/2 of the retirement allowances received from the Plaintiff in accordance with the final and conclusive decision of recommending reconciliation that the Defendant received pursuant to the final and conclusive decision of recommending reconciliation, the Defendant asserts that it is unlawful as it goes against the res judicata effect of the above recommending reconciliation. However, in the event that the final and conclusive decision of recommending reconciliation is rendered as follows, the parties cannot make any assertion contrary thereto and the court cannot make any decision contrary thereto, and the instant lawsuit is not unlawful.
Therefore, the defendant's main defense is without merit.
2. The plaintiff's assertion that the defendant agreed to pay in advance a certain amount of retirement allowance to the plaintiff's monthly salary paid to the plaintiff, and as a result, the defendant filed a civil lawsuit claiming retirement allowance from the plaintiff after retirement to the plaintiff and received it in accordance with the decision of recommendation for settlement of civil procedure. Thus, the defendant shall return 14,40,530 won out of 14,50,530 won paid to the plaintiff in accordance with the above decision of recommendation for settlement to the plaintiff as unjust enrichment.
3. The decision of recommending a compromise has the same effect as a judicial compromise (Article 231 of the Civil Procedure Act). On the other hand, a judicial compromise has the same effect as a final and conclusive judgment and has the same effect as a creative one, so if a compromise is made, the relationship of rights and obligations based on the previous legal relationship is extinguished and at the same time a new legal relationship arising from a judicial compromise is formed.
In addition, if there is a ruling of recommending reconciliation between the parties in a prior suit as to the existence of the rights or legal relations disputed in a lawsuit, the parties cannot make any allegation against it and the court may not make any decision in conflict with it.
(Supreme Court Decision 2012Da29557 Decided April 10, 2014).