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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that the plaintiff did not issue part of the tax invoice containing value-added tax to the plaintiff although the settlement of accounts was completed with respect to the joint business such as import agency business between the plaintiff and the defendant, and accordingly, the defendant acquired unjust enrichment amounting to 26,449,066 won. Thus, the defendant is obligated to return the above amount to the plaintiff.
2. We examine ex officio the legality of the instant lawsuit.
A. In full view of the purport of the entire pleadings as to the statement in Gap evidence No. 19, the defendant filed a lawsuit against the plaintiff and the plaintiff's representative C (hereinafter "the plaintiff et al.") on September 3, 2015, seeking compensation for damages on the ground that the plaintiff et al. embezzled or did not properly settle accounts with respect to a joint business such as import agency business under the jurisdiction of Suwon District Court 2015Kadan8577. The above case was concluded on December 3, 2015. The mediation was concluded between the defendant et al. and the plaintiff et al. on December 3, 2015. The main contents thereof are that the plaintiff et al. paid KRW 17,700,000 to the defendant et al. for payment of KRW 17,70,000, and the defendant and the plaintiff et al. confirm each other, other than the above joint business, that there
B. (1) Whether the lawsuit of this case is lawful (1) The conciliation is established by entering the matters agreed upon between the parties in the protocol, and the conciliation protocol has the same effect as the final judgment, such as a protocol of judicial conciliation, and has the same effect as the final judgment, and thus, if conciliation is concluded between the parties, the rights and obligations relationship based on the previous legal relationship is extinguished, and a new rights and obligations relationship is
The same effect as a final and conclusive judgment recognized in such a protocol is limited to the judgment on the existence of legal relationship.