양수금
1. The instant lawsuit was concluded on October 26, 2015 as the withdrawal of the lawsuit.
2. The Plaintiff’s litigation costs after the completion of the lawsuit.
According to the purport of the records and arguments in this case, the Plaintiff submitted the written withdrawal of the lawsuit that “I will fully withdraw the lawsuit in this case” on October 26, 2015, and the said written withdrawal to Defendant A was served on October 30, 2015, Defendant B, C, and D on November 18, 2015, respectively, and the said Defendants did not raise any objection for two weeks thereafter.
Thus, the plaintiff's lawsuit against the defendants is effective since the defendants did not raise an objection within two weeks from the date of receiving the written withdrawal of the lawsuit, and it is deemed that they agreed to the withdrawal of the lawsuit.
Therefore, the plaintiff's lawsuit against the defendant was terminated as the withdrawal of the lawsuit.
As to this, the plaintiff voluntarily withdraws the lawsuit against the defendant B, C, and D, but the plaintiff asserts that the lawsuit against the defendant A should continue to proceed with the lawsuit against the defendant, and that the lawsuit is withdrawn by mistake.
However, as a litigation against the plaintiff's court to extinguish the continuation of a lawsuit, the litigation procedure is bound to determine the validity of the litigation based on the indication rather than the intention of internal deliberation, unlike the act under general private law. Unless there are special provisions or special circumstances, the provisions concerning the legal act under the Civil Act cannot be applied, and thus, the invalidity or revocation cannot be asserted on the ground of the defect of declaration of intention, such as fraud, coercion
Therefore, the plaintiff's withdrawal of the lawsuit cannot be accepted.
Therefore, as to the lawsuit of this case, the declaration of termination of the lawsuit of this case must be made, it is decided as per Disposition.