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(영문) 춘천지방법원강릉지원 2016.11.23 2016가단5623
지료금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's written application for the cause of the claim and the additional written application for the cause of the claim are as shown in the attached sheet;

2. Where the mediation of judgment is concluded, the same effect as that of a judicial compromise is recognized, and a judicial compromise takes effect as the same effect as a final and conclusive judgment, and the res judicata takes effect between the parties. Therefore, it is reasonable to deem that the mediation protocol only becomes effective by a litigation for retrial, unless there is any ground identical to that of a final and conclusive judgment (see, e.g., Supreme Court Decision 2000Da33690, Sept. 29, 200). Therefore, in cases where the mediation of the same content as that of the plaintiff's partial winning of the lawsuit is concluded in the previous suit and then the same lawsuit is instituted again after the preparation of the

The Plaintiff’s claim of this case is the same as the Plaintiff’s claim in the Chuncheon District Court Decision 2016Gadan260 decided May 2, 2009, which the Plaintiff raised against the Defendant (in the absence of any dispute), and as long as conciliation has been concluded in the previous suit and the protocol of mediation has been prepared, the lawsuit of this case is unlawful as

3. Conclusion, the instant lawsuit is unlawful and dismissed.

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