1. The plaintiff's lawsuit shall be dismissed.

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

We examine the legitimacy of the plaintiff's lawsuit ex officio.

According to Gap evidence No. 1, the plaintiff filed a lawsuit against the defendants for the agreed amount claim, and the conciliation was concluded on April 4, 2008 by Seoul High Court 2006Na115848, and it can be acknowledged that the conciliation protocol was prepared.

However, among the Defendants’ obligations stipulated in the above mediation protocol, the Plaintiff filed the instant lawsuit seeking payment in the absence of the Defendants’ joint and several obligation to pay KRW 41,716,258 to the Plaintiff.

On the other hand, the above mediation protocol has res judicata as in the final and conclusive judgment, and the lawsuit of this case, which is a part of the subject matter of lawsuit, is unlawful because there is no benefit of protection of rights as it conflicts with res judicata of the above

Therefore, the plaintiff's lawsuit is dismissed.