1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance for admitting this case is as stated in the reasoning of the judgment of the court of first instance, except for an additional determination as to the plaintiff's argument as to this case, and therefore, it is citing it as it is by the main text of Article 420 of the Civil Procedure

【Additional Determination Matters】 The legal relations between the Plaintiff and the Defendant resulting in the decision on the recommendation of reconciliation in this case are that the Defendant, at the time of import from Europe, had overall control over the import and export-related business, and paid the Defendant fees. However, as the Plaintiff had already paid the Defendant sufficient fees prior to the decision on the recommendation of reconciliation in this case, the decision on the recommendation of reconciliation in this case based on the Defendant’s additional fee demand is unreasonable.

The decision of recommending reconciliation has the same effect as a judicial compromise (Article 231 of the Civil Procedure Act) and a judicial compromise has the same effect as a final and conclusive judgment, so if a compromise is ultimately made, the rights and obligations relationship based on the previous legal relationship is extinguished and a new legal relationship is formed due to the settlement.

Therefore, in a case where there is a ruling of recommending reconciliation between the same parties as to the existence of the right or legal relation disputed in a lawsuit, the parties cannot make any allegation against it and the court cannot make any decision contrary to it.

(see Supreme Court Decision 2012Da29557, Apr. 10, 2014). Meanwhile, under Article 44 of the Civil Execution Act, in a case where a lawsuit seeking an objection against a claim established by a judgment is filed, the grounds for filing a lawsuit seeking an objection against a claim ought to have arisen after the pleadings are concluded, and the res judicata effect of the decision recommending a compromise arises as of the time when the said decision becomes final and conclusive (see Supreme Court Decision 2010Da2558, May 10, 2012).