부당이득반환
1. The instant lawsuit was concluded on August 26, 2016 as conciliation.
2. Formal objection against conciliation on September 9, 2016.
On August 26, 2016, mediation of this case was concluded, but the defendant submitted a written objection to the above mediation on September 9, 2016. The fact that the defendant submitted a written objection to the above mediation is apparent in the record, and the defendant's attorney present at the date of pleading of this case on the date of pleading and stated that "it is unreasonable to accept the contents of the mediation because it found any material that the part paid in KRW 34.6 million was excessive."
However, if conciliation is established and entered in the protocol, such protocol has the same effect as that of the final judgment and res judicata exists between the parties, so that it can be asserted only by the litigation of retrial unless there is any ground such as the grounds for invalidation of the final judgment.
Even if there is no such ground for invalidation in the instant conciliation, such invalidity cannot be deemed to exist.
If so, the lawsuit of this case is terminated by the formation of mediation, and thus, the termination of the lawsuit is declared.