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1. The plaintiff (quasi-Review plaintiff)'s action of quasi-Review of this case shall be dismissed.
2. The costs of quasi-examination shall be considered.
Reasons
1. The following facts are apparent as to the establishment of the quasi-examination conciliation protocol.
The Plaintiff (Quasi-Review Plaintiff; hereinafter “Plaintiff”) filed a lawsuit against the Defendant (Quasi-Review Defendant; hereinafter “Defendant”) seeking a loan of KRW 2,200,000 with the Seoul Southern District Court 2013Daso94891, and the court of first instance rendered a judgment citing the Plaintiff’s claim on June 17, 2014.
1. 피고는 원고에게 2014. 9. 2. 현재 피고가 보관하고 있는 마랙앤잭 회사의 건강보조 식품 아로니아 전부(각 제품의 포장에 표기되어 있는 판매가격 합계 약 300만원 상당)를 2014. 9. 30.까지 반환한다.
2. The Defendant withdraws the criminal case (the Seoul Central District Court 2014No220 and the investigation case thereof) filed against the Plaintiff, and the Seoul Central District Prosecutor’s Office 2013 type No. 57650, which is the case, has been punished by a final and conclusive judgment on the Plaintiff in the above case, the amount equivalent to the fine shall be paid to the Plaintiff.
3. The plaintiff waives the remaining claims against the defendant.
4. The total costs of a suit shall be borne by each of the two instances in total.
B. The Defendant appealed against this and filed an appeal with Seoul Southern District Court 2014Na7846, and on September 2, 2014, the conciliation of this case was concluded as follows, and the protocol was prepared.
2. The plaintiff, as to whether the action for quasi-deliberation of this case was lawful, responded to the conciliation of this case under the premise that the defendant withdraws a complaint against the plaintiff because he did not have inflicted any injury on the defendant. Since the conciliation protocol of this case contains any omission to the effect that "the plaintiff did not inflict any injury on the defendant," the conciliation protocol of this case should be revoked.
However, in order for the defendant to file a lawsuit for quasi-examination of the conciliation protocol subject to quasi-examination of this case, it falls under each subparagraph of Article 451(1) of the Civil Procedure Act pursuant to Article 461 of the Civil Procedure Act.