1. The defendant's incidental appeal is dismissed.

2. The plaintiff's appeal is dismissed.

3. The appeal costs are assessed against the Plaintiff.

1. According to Article 403 of the Civil Procedure Act, as to the legitimacy of the Defendant’s incidental appeal, the appellee may file an incidental appeal until the conclusion of the pleadings, and it is apparent in the record that the Defendant filed an incidental appeal seeking the change of the first instance judgment around March 27, 2019, which is the date of the closing of the pleadings in the trial that only the Plaintiff appealed. As such, this is unlawful since it is apparent in the record

[Defendant’s protocol of mediation dated January 25, 2016 (hereinafter “instant protocol of mediation”) concerning Suwon District Court 2015dan4805 agreed amount case

(1) A written agreement (No. 1; hereinafter “instant agreement”) on the principal and interest of the principal and the damages for delay which have already occurred among the liabilities due to the principal and interest.

(2) The Plaintiff and Defendant asserted that compulsory execution based on the instant protocol should be denied only on the outstanding principal amount of KRW 30 million and damages for delay, since the date following the date on which the instant protocol was prepared. However, considering that the principal amount under the instant protocol and the principal amount of the debt under the instant agreement are equal to each of the principal amount of KRW 70 million, and that the instant agreement set the deadline for installment payments and payment as to the obligations under the instant protocol, and there is no indication as to damages for delay under the instant protocol, it is reasonable to deem that the Plaintiff and the Defendant agreed to divide the principal amount and interest under the instant protocol with the agreement, and there is no circumstance to deem that the damages for delay after the formation of the instant agreement was excluded from the subject matter of the agreement at the time of the enactment of the instant protocol, the Defendant’s incidental appeal cannot be accepted. The grounds for admitting the judgment of the first instance court as to this case are emphasized by the court.