1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

Around September 28, 2018, the Defendant filed a lawsuit against the Plaintiff seeking reimbursement of the reimbursement amount of KRW 1,186,960 (hereinafter “instant accident”) with this Court No. 2019 Ghana 140400, and damages for delay.

The above case was referred to the conciliation procedure.

On April 9, 2019, the above court rendered a decision in lieu of the conciliation containing the following matters (hereinafter “decision in lieu of the instant conciliation”).

The “Defendant (A) shall pay KRW 1,186,960 to the Plaintiff (D Co., Ltd.) by May 29, 2019. If the Defendant (A Co., Ltd.) fails to pay the said amount by the payment date, plus damages for delay calculated at the rate of 15% per annum from the day following the payment date to the day of full payment. 2. The Plaintiff (D Co., Ltd.) waives the remainder of the claim. 3. The costs of the lawsuit and the costs of the conciliation are borne by each party. The decision in lieu of the instant conciliation was finalized on August 6, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1, plaintiff's assertion of the purport of the whole pleadings, and plaintiff's assertion of this case is an accident where the plaintiff's assertion of judgment is sufficient on the wind behind the defendant's vehicle, and it is not due to negligence of the plaintiff's vehicle.

However, since the decision in lieu of the instant conciliation was made by determining the negligence of the Plaintiff’s vehicle as 100%, compulsory execution based on the Defendant’s decision in lieu of the instant conciliation against the Plaintiff ought to be rejected.

Judgment

According to Articles 30 and 34 of the Judicial Conciliation of Civil Disputes Act, a decision substituting a final and conclusive conciliation has the same effect as a judicial compromise, and a judicial compromise has the same effect as a final and conclusive judgment, and thus res judicata effect and executory power is recognized.

Furthermore, according to Articles 56, 57, and 44(2) of the Civil Execution Act, it is finalized.