If the second-instance lawsuit is settled and withdrawn, whether the first-instance judgment takes effect depends on whether it is within the above period. If the appeal period is still within the appeal period after the withdrawal of the lawsuit, the first-instance judgment will not take effect. If the appeal period exceeds, the first-instance judgment will take effect.

Article 230 of the "Civil Procedure Law of the People's Republic of China" stipulates that during execution, if the two parties reach a settlement agreement on their own, the execution officer shall record the contents of the agreement in the transcript, and shall Signed or stamped by both parties.

If one party fails to perform the settlement agreement, the people's court may resume the execution of the original effective legal document based on the application of the other party.

According to the above provisions, it can be seen that settlement will not invalidate the original judgment. Therefore, if the second instance settlement is withdrawn, whether the first instance judgment becomes effective depends on whether it is within the above period.

Extended information:

In the case of second-instance settlement, both parties may request the People's Court to issue a mediation statement to conclude the case.

Article 339 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates that if the parties reach a settlement agreement during the second instance procedure, the people's court shall The court may, at the request of the parties, review the settlement agreement reached by the two parties and prepare a mediation letter and serve it to the parties; if an application is made for withdrawal of the lawsuit due to reconciliation, and if the conditions for withdrawal are met upon review, the People's Court shall grant the approval.

Article 172 of the "Civil Procedure Law of the People's Republic of China" stipulates that the people's court of second instance may conduct mediation when hearing appeal cases. If an agreement is reached through mediation, a mediation document shall be prepared, signed by the judges and the clerk, and stamped with the seal of the People's Court. After the mediation letter is served, the judgment of the original People's Court shall be deemed to have been revoked.

Baidu Encyclopedia-Parties Reconciliation