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(영문) 부산지방법원 2015.09.09 2014가단70913
대여금
Text

1. The instant lawsuit was concluded on June 12, 2015 with conciliation.

2. After the completion of the instant lawsuit.

Reasons

1. The following facts are apparent in records:

On June 12, 2015, the Plaintiff and the Defendant appeared on the date of the instant conciliation, and the protocol for conciliation was prepared, and the protocol for conciliation was prepared.

B. On July 6, 2015, after the mediation was completed, the Defendant submitted a written objection to the effect that “after the above mediation was completed, the Defendant was unaware of the contents of the mediation at the time of the above mediation, and the court clerk participating in the mediation forced to the Plaintiff’s opinion, forced him to do so by mental and physical force, and did not accept the Plaintiff’s opinion, and it is difficult for the present economic situation to accept the contents of the mediation of this case.”

2. When a settlement in the judgment is entered in the protocol, the protocol has the same effect as that of the final and conclusive judgment, and res judicata between the parties takes effect. Thus, unless there exists the same reason as that of the final and conclusive judgment, it can be asserted only by the litigation for retrial. However, when one of the parties claims the reason for the invalidation of the protocol as a matter of course and makes a request for designation of date, the court shall make a declaration of the termination of the litigation by judgment in case where it is not recognized that there is no reason for invalidation after designating the date to appeal the existence of the reason for invalidation, and the same applies to the conciliation protocol having the same effect as

(1) The Defendant’s assertion that the instant protocol cannot be deemed null and void as a matter of course solely on the ground that there is no evidence to prove the existence of the grounds for invalidation in the said protocol, and that there is no economic situation, as otherwise alleged by the Defendant, it cannot be deemed that the instant protocol is null and void as of March 9, 2001. The Defendant’s assertion is without merit.

3. As such, the instant lawsuit was concluded on June 12, 2015, and thus, the declaration of the closure of the lawsuit is to be made.

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