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(영문) 서울중앙지방법원 2014.11.26 2014가합543854
공사대금
Text

1. The instant lawsuit was concluded on August 20, 2014 by the final and conclusive decision of the court to recommend reconciliation.

2. Termination of the lawsuit;

Reasons

1. When recording a settlement in the court record, such protocol has the same effect as the final and conclusive judgment, and res judicata between the parties takes effect. Thus, unless there exists the same reason as the one for the invalidation of the final and conclusive judgment, it may be asserted only by a lawsuit for retrial, unless one of the parties has the same reason as the one for the invalidation of the final and conclusive judgment. However, when one of the parties has filed an application for designating a date for the designation of a date, the court shall make a declaration of the termination of the lawsuit by judgment when it is deemed that there is no ground for invalidation after designating the date for the trial in order to raise objection to the existence of the ground for invalidation (see Supreme Court Decision 9Da6703, Mar. 10, 200). Such objection is the same as the conciliation record with the same effect as the judicial compromise (see Supreme Court Decision 200Da58668, Mar. 9, 201). When a request for designation of a date has been made, the court shall make a final and conclusive judgment to determine the date of recommendation for compromise.

2. With respect to a case pending in a lawsuit, the court may ex officio make a ruling of recommending reconciliation for the fair resolution of the case, taking into account the parties’ interest and all other circumstances, to the extent not contrary to the purport of the claim (Article 225(1) of the Civil Procedure Act). A party may raise an objection against the ruling of recommending reconciliation within 2 weeks from the date of receiving a service of the authentic copy of the relevant protocol or written decision, and the said

(Article 226 of the same Act). On the other hand, an objection shall be filed by submitting a written objection to the court which made a ruling of recommending a compromise, and the written objection shall be made by the parties and their legal representatives or

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