학적부 인정 이행
The instant lawsuit was terminated on May 30, 2020 by withdrawal of the lawsuit.
Litigation costs incurred after the termination of a lawsuit shall be borne by the plaintiff.
1. According to the records on the details of the withdrawal of the lawsuit, the following facts are recognized.
A. On September 4, 2019, the Plaintiff filed the instant lawsuit against the Defendant.
B. On May 30, 2020, the Plaintiff submitted a written withdrawal of the lawsuit, and on June 15, 2020, there is a need to continue the lawsuit of this case.
The withdrawal of the lawsuit was asserted and submitted, and on June 18, 2020, the written consent of withdrawal of the lawsuit was submitted.
(c)
On June 1, 2020, the defendant received the plaintiff's written withdrawal of his lawsuit on June 1, 202 and did not raise an objection within two weeks.
2. Determination
A. Withdrawal of a lawsuit is an action under the Civil Procedure Act, and the provisions on a legal act under the Civil Act are not applicable to the litigation unless there are special provisions or circumstances. Thus, withdrawal of a lawsuit shall not attach conditions to the withdrawal of the lawsuit, and may not assert withdrawal or revocation of invalidation of the withdrawal of the lawsuit on the ground of fraud or mistake (see, e.g., Supreme Court Decisions 80Da76, Aug. 26, 1980; 97Da6124, Jun. 27, 1997; 97Da6124, Jun. 27, 1997). In addition, when a legitimate withdrawal of the lawsuit is submitted, the plaintiff may not voluntarily withdraw the lawsuit without asking the other party before and after the document is served (see, e.g., Supreme Court Decision 97Da6124, Jun. 27, 1997; 200Da6124, Apr. 28, 2011).
(c)
Nevertheless, the plaintiff submitted a written withdrawal of the lawsuit on June 15, 2020, and submitted a written consent of the withdrawal of the lawsuit on June 18, 2020, while the date of the second pleading on October 8, 2020 and the date of the third pleading on October 22, 2020 respectively.