1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the defendant.

On August 1, 2016, the Plaintiff, who prepared a compromise and a protocol of compromise subject to quasi-deliberation, applied for a payment order as stated in the purport of the claim against the Defendant on August 1, 2016. Accordingly, on September 19, 2016, the Plaintiff filed an application for a performance as conciliation pursuant to Article 5-2 of the Judicial Conciliation of Civil Disputes Act and filed an application for a performance as conciliation and the conciliation procedure was conducted with the Seoul Central District Court 2016 money582304.

On December 20, 2016, the Plaintiff filed an objection against the “decision in lieu of conciliation,” which was conducted in the above conciliation procedure, and accordingly, the Seoul Central District Court 2016Gahap580246 was proceeding.

(hereinafter “instant lawsuit”). On March 16, 2017, a date for the first pleading of the instant lawsuit, a compromise was made between the Plaintiff and the Defendant with the following content (hereinafter “conciliation”) and the protocol of compromise was prepared.

1. The defendant shall pay to the plaintiff 820,00,000 won with 5% interest per annum from July 29, 2016 to September 2, 2016 and 15% interest per annum from the next day to the day of complete payment.

2. Litigation costs shall be borne by each person;

[Ground of recognition] The conciliation protocol of this case constitutes “when the judgment on important matters affecting the judgment is omitted” under Article 451(1)9 of the Civil Procedure Act, since the conciliation protocol of this case was conducted without determining the defendant’s issues in the lawsuit in this case, the facts without dispute, Eul’s evidence Nos. 1 and 6, which are obvious facts in this court, and the purport of the entire pleadings as to the legitimacy of the lawsuit in this case.

Therefore, the protocol of conciliation of this case should be cancelled.

Judgment

A compromise in court is established by the litigation to terminate the lawsuit based on the concession of both parties, and there is no judgment of the court. Thus, with respect to a protocol of compromise, "when the judgment on important matters that may affect the judgment is omitted" under Article 451 (1) 9 of the Civil Procedure Act.