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1. Of the instant lawsuit, the part between Plaintiff C and the Defendant in lieu of conciliation on September 9, 2015 is decided as a substitute for conciliation on September 24, 2015.
Reasons
1. Determination as to the termination of the lawsuit between the plaintiff C and the defendant
A. The facts of recognition: (a) the court rendered a decision to refer the instant case to the conciliation on August 12, 2015; and (b) on September 9, 2015, which was after September 3, 2015, the conciliation date; (c) the Plaintiffs and the Defendant rendered a decision in lieu of the conciliation; (d) the original copy of the decision in lieu of the conciliation was served on the Plaintiffs’ legal representative on September 9, 2015; and (e) the Defendant’s legal representative on September 14, 2015, respectively; (e) the Plaintiff’s legal representative filed an objection on September 23, 2015, which was after September 23, 2015, which was the time limit for filing the objection; and (e) the Plaintiff’s legal representative withdrawn an objection to the instant conciliation on October 23, 2015, which was obviously a request for the withdrawal of the consent to the Plaintiff on October 24, 2015.
B. The decision in lieu of the conciliation of a judgment shall have the same effect as a judicial compromise when a party fails to file an objection within two weeks from the date on which the original copy is served (Article 34(4)1 of the Judicial Conciliation of Civil Disputes Act). In such a case, the withdrawal of a lawsuit shall be deemed to have been made with respect to the original litigation case (Article 4(3) of the Rules on Civil Conciliation of Civil Disputes). According to the above facts of recognition, a lawsuit between the Plaintiff and the Defendant shall be deemed to have been withdrawn on September 24, 2015 when the period for filing an objection expires because the Plaintiff and the Defendant did not file an objection against the decision in lieu of the conciliation within the period for filing an objection (see, e.g., Supreme Court Decision 97Da6124, Jun. 27, 1997).