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

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

1. Preparation of quasi-examination mediation protocol;

A. On April 18, 2016, the Plaintiff asserted that the Defendant claimed the payment by excessive maintenance of the Plaintiff’s vehicle, and filed a lawsuit claiming the amount of unjust enrichment (amount in excess) as stated in the purport of the claim under the Busan District Court Branch Branch Decision 2016Gaso8738, Busan District Court Decision 2016.

B. On August 9, 2016, the above court rendered a judgment in favor of the Plaintiff that “the Defendant shall pay the Plaintiff 321,000 won with 5% interest per annum from April 28, 2016 to August 9, 2016, and 15% interest per annum from the next day to the date of full payment.”

C. The Defendant appealed against the above judgment of the first instance court, and on February 2, 2017 of the case subject to quasi-deliberation, the Plaintiff and the Defendant present both at the date of mediation and the mediation under the following provisions became effective, and the protocol of mediation (hereinafter “instant protocol of mediation”) was prepared.

Conciliation Provisions

1. The plaintiff withdraws the lawsuit of this case, and the defendant consents thereto.

2. The defendant does not request the plaintiff to return KRW 321,00,000, which was already paid to the plaintiff.

3. The total costs of litigation and mediation costs shall be borne by each person.

2. The plaintiff's assertion won a favorable judgment of the first instance court of the case subject to quasi-deliberation, and the defendant appealed against this judgment. The plaintiff's assertion has no reason to withdraw the lawsuit.

On February 2, 2017, the case subject to quasi-deliberation was prepared as the plaintiff withdraws the lawsuit even though the presiding judge recommended the mediation of the contents of the withdrawal of the appeal by the defendant and respondeded thereto at the mediation date.

Therefore, there is a ground for quasi-examination under Article 451(1)9 of the Civil Procedure Act, and a ground for quasi-examination under Article 451(1)8 as preliminary.

3. Determination

A. A lawsuit on a retrial on a final judgment that became final and conclusive by the relevant legal doctrine is permitted only when there exist statutory grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act, and thus, the Plaintiff asserts.