Where a lawsuit is pending despite the fact that the statement of recognition and recognition of the claim has been entered in the pleading protocol, an objection thereto and the court's action

Where a statement of recognition and recognition of a claim is entered in the protocol of pleadings, even if there is no separate protocol of recognition and recognition, it has the same effect as the judgment of recognition, and consequently the lawsuit is terminated, and if the lawsuit has been proceeded, regardless of the fact that the recognition and recognition of the claim has been entered in the protocol of pleadings, the court shall pronounce a termination

Articles 204 and 128 of the Civil Procedure Act

Egymsium

Dong New Enterprise Company

Seoul High Court Decision 61Ra667 delivered on March 15, 1962

I reverse the original decision.

The decision of the first instance shall be revoked.

Article 204 of the Civil Procedure Act provides that when a protocol has been entered in the waiver or recognition of a claim for compromise, such protocol shall have the same effect as a final and conclusive judgment. Even though there is no separate protocol of recognition and recognition, the lawsuit shall be terminated at the same time as a final and conclusive judgment is entered in the protocol of pleadings, and if a lawsuit has been initiated despite the fact that the recognition and recognition of the claim has been entered in the protocol of pleadings, the court shall render a judgment on May 8, 1962, "if a lawsuit is initiated, the court shall pronounce the termination of the lawsuit due to the recognition and recognition of the claim as a judgment" in this case, which was decided on May 8, 1962 by a member of a company on a civil case, 1080, a new company was the defendant on June 13, 1961, and the purport of the lawsuit is clearly stated in the protocol of pleading, and therefore, it is not erroneous in the misapprehension or recognition of the legal principles as to the withdrawal of the claim as stipulated in the Civil Procedure Act. Thus, the court below shall decide on the conclusion of the lawsuit as a new judgment.

Supreme Court Judge Cho Jin-man (Presiding Judge) of the Supreme Court Decision 2010Hun-Ma880 delivered on April 1, 201