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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
Reasons
As to the lawfulness of the instant lawsuit ex officio, comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 8 and 9, the Plaintiff and the Defendant, on May 13, 2017, when the instant lawsuit seeking a loan of KRW 85.5 million against the Defendant was pending, shall pay KRW 45 million to the Plaintiff by June 10, 2017: Provided, That where the Defendant is in arrears, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the following day. The Plaintiff withdraws the application for a compulsory auction by official branch of the Daejeon District Court immediately after receiving the said money from the Defendant, and cancel its enforcement. The Plaintiff and the Defendant confirm that all disputes have been settled between the parties to the instant case, and the Plaintiff waives the remainder of the claim. The fact that each of the parties to the instant lawsuit, including the costs of litigation, compulsory auction, and compulsory auction, paid to the Plaintiff according to an agreement, is recognized.
Therefore, inasmuch as the Plaintiff reached an agreement with the Defendant during the proceeding of the instant lawsuit with the Nonparty and received the full amount of the agreed amount from the Defendant, there is no practical benefit to maintain the instant lawsuit.
I would like to say.
[Plaintiffs asserted the revocation of the above agreement while the compulsory execution cost of KRW 1.5 million occurred additionally, the above agreement constitutes a compromise contract under the Civil Act because they agreed to terminate a dispute on the loan of this case by mutual concession between the Plaintiff and the Defendant. A compromise contract may be revoked only when it is not revoked on the ground of mistake and there is error in matters other than the dispute which is the object of qualification of the parties to the compromise or settlement (Article 733 of the Civil Act, the Plaintiff in this case).