대여금
1. The instant lawsuit was concluded on October 10, 2018 by the Defendant’s defeat.
2. After the completion of the lawsuit.
When a protocol of judicial compromise has been entered, such protocol shall have the same effect as the final and conclusive judgment, and res judicata between the parties takes effect, so that it may be asserted only by a litigation for retrial, unless there exist the same reasons as the grounds for invalidation of the final and conclusive judgment. However, where one of the parties has asserted the grounds for invalidation of the protocol of compromise, and has filed an application for designating a date, the court shall make a declaration of termination of the lawsuit by judgment, in case where it is deemed that there exists no grounds for invalidation after designating a date and conducting the
(See Supreme Court Decision 99Da67703 delivered on March 10, 200, and Supreme Court Decision 2000Da58668 delivered on March 9, 2001, etc.). This legal doctrine also applies to a statement of recognition that has the same effect as that of a protocol of compromise.
On October 10, 2018, the Defendant recognized the Plaintiff’s claim on the date of first pleading of the instant case on October 10, 2018, and the fact that a protocol of recognition and recognition was prepared on the same day is apparent in records
On October 24, 2018, the latter, on October 24, 2018, the Defendant submitted an objection to the terms and conditions of recognition and recognition agreement to the effect that the damages for delay of 25% per annum stated in the terms and conditions of recognition and recognition agreement are much different from the damages for delay of 15% per annum that the Defendant thought, and that the Defendant would be able to cope with the circumstances of the Defendant who raises the children by negligence, and that the agreement would be again
(A) However, there are no defects in the failure of the defendant, and the grounds for the defendant's assertion do not constitute grounds for invalidation of a protocol of recognition and recognition, in itself, even if there are reasons for the failure of the defendant.
(The defendant did not appear on the date of pleading following the above motion) Therefore, since the lawsuit of this case was terminated by the defendant's failure to appear on the date of pleading, the declaration of termination of the lawsuit is made.