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1. The instant lawsuit was concluded on July 15, 2016 upon the completion of conciliation.
2. The costs of the lawsuit after the request for setting the date.
Reasons
Basic Facts
The following facts are significant in this Court:
On July 15, 2016, the conciliation protocol was prepared on July 15, 2016, where the Plaintiff and the Defendant, and the Defendant’s attorney-at-law, present at the instant conciliation date, and the Defendant paid KRW 10 million to the Plaintiff in installments.
On July 19, 2016, the defendant submitted an application for designation of the date to the effect that it will proceed to a trial again to this court.
When a compromise in the court is entered in the protocol, such protocol shall have the same effect as that of the final and conclusive judgment, and res judicata between the parties takes effect, so that it may be asserted only by a lawsuit for retrial, unless there exists the same reason as that of the final and conclusive judgment. However, if one of the parties claims the grounds for the invalidation of the protocol as a matter of course and makes a request for the designation of the date, the court shall make a declaration of the termination of the lawsuit by judgment, if it is not deemed that there is any ground for invalidation after designating the date and examining in order to raise the existence of the grounds for invalidation, and the same applies to the protocol of mediation
(See Supreme Court Decision 200Da58668 delivered on March 9, 2001, etc.). The defendant submitted an application for designation of the date to the effect that conciliation was concluded by the chief mediator and the coercion of mediators in a tension atmosphere, and that there is a defect in the protocol of conciliation. However, there is no evidence to acknowledge the above assertion by the defendant. Rather, it is recognized that the defendant was aware of the purport of the provision of conciliation in the presence of an attorney-at-law who is his/her own attorney, and signed a written confirmation with his/
Therefore, the defendant's argument is without merit.
If so, the instant lawsuit is concluded on July 15, 2016, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.