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(영문) 서울중앙지방법원 2020.04.16 2017가합530583

손해배상(기)

Text

1. The Plaintiff’s lawsuit against Defendant C was concluded on February 29, 2020 as the withdrawal of the lawsuit.

2. The plaintiff's defendant D, E, F, G, H, I, J.

Reasons

1. Determination on the validity of the withdrawal of a lawsuit

A. On February 10, 2020, the fact that LA, claiming that the withdrawal of the instant lawsuit was lawful or delegated by the Plaintiff, submitted to this court the written withdrawal of the lawsuit containing the entire withdrawal of the instant lawsuit is clearly indicated in the record.

As to this, the remaining Defendants except Defendant C (hereinafter “Susb Defendants”) asserts that the withdrawal of the said lawsuit is invalid by a person who is not authorized, or by a person who does not vindicate his qualification.

In a case where the withdrawal of a lawsuit is disputed, the fact that the withdrawal has no effect or is null and void shall be attested by the claimant.

The withdrawal of the suit from February 10, 2020, which was submitted to the court of this Court, is affixed with a seal which appears to be the plaintiff on the side of the plaintiff's trade name, and furthermore, the "a letter of delegation" which the plaintiff delegates L to L the submission of the written withdrawal of the suit also affixed the same seal as the plaintiff's trade name and the written withdrawal of the suit. Thus, unless there is any evidence that the written withdrawal of the suit and the power of attorney are altered or affixed by a person who is not authorized, the remaining defendants' arguments cannot be accepted.

Plaintiff

It is reasonable to view that the withdrawal of a lawsuit on February 10, 2020 by the submission was duly submitted.

(q) On March 19, 2018, after the resignation of the Plaintiff’s attorney, the Plaintiff’s domicile on the Plaintiff’s corporate register is not properly served, and the Plaintiff’s domicile on the Plaintiff’s letter of delegation submitted in the letter of delegation and submission is legally served on M apartment and Nho-ho, Yangcheon-gu Seoul, and the Plaintiff’s letter of withdrawal as of February 10, 2020.

The plaintiff's withdrawal of the lawsuit against the defendant C was submitted to this court on February 10, 2020, and the defendant C received a copy of the lawsuit on February 14, 2020 and raised an objection within two weeks thereafter.