1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the defendant.

Basic Facts

On September 3, 2014, the Plaintiff applied for a payment order against the Defendant and D to the Seoul Central District Court for the payment order, and fulfilled or submitted it to the litigation proceedings as 2015da43941.

After being referred to the conciliation of this Court No. 2015 money3744, Sept. 2, 2015, “1. The Defendants (Defendant and D) jointly and severally pay to the Plaintiff KRW 25,000,000 and damages for delay calculated at the rate of 20% per annum from December 1, 2015 to the date of full payment. 2. The Plaintiff waives the remainder of the claims against the Defendants. 3. The Plaintiff and the Defendants confirm that there is no obligation or obligation, except as otherwise provided for in paragraph (1). The conciliation was concluded with the content that “The costs of lawsuit and expenses for conciliation shall be borne by each party.”

[Based on the records, D, which is the cause of the defendant's request for re-adjudication as to the whole purport of the oral argument, has prepared a notarial deed or a loan certificate by stealing the name of the defendant, and D also recognizes it. The above notarial deed or loan certificate was prepared by omitting judgment as to the establishment of the authenticity in spite of the existence of any effect against the defendant.

Therefore, it is necessary to cancel the quasi-examination because there is a ground for quasi-examination corresponding to the "when the judgement is omitted on the important matters".

If the matters agreed upon between the parties are entered in the protocol on the date of conciliation for determination as to the legitimacy of litigation of quasi-examination of this case, the protocol has the same effect as a judicial compromise, and such conciliation is established due to litigation to terminate the dispute through mutual concession between the parties, and there is no room for the court to intervene in the fact-finding or legal judgment. Thus, Article 451(1)9 of the Civil Procedure Act as to the protocol is referred to.