구상금 등
1. The instant lawsuit was concluded on January 28, 2014 as the withdrawal of the lawsuit.
2. The Plaintiff’s litigation cost after the date of application is designated.
1. The following facts are apparent to be recorded:
On January 28, 2014, the Plaintiff submitted to this court, via C, the Plaintiff, through which “the Plaintiff withdraws the entire lawsuit of this case” (hereinafter referred to as “the withdrawal of the lawsuit of this case”). The withdrawal of the lawsuit of this case has the Plaintiff’s seal impression affixed to the Plaintiff, and is signed by the Defendant that “the Plaintiff consents to the withdrawal.” The withdrawal of the lawsuit of this case is accompanied by the power of attorney in the name of the Plaintiff and the certificate of personal seal impression attached to the Plaintiff’s delegation that the Plaintiff delegates the submission of the written withdrawal of the lawsuit of this case to C.
B. On February 6, 2014, the Plaintiff denied the withdrawal of the lawsuit through his/her attorney, and applied for designation of the date.
C. On April 16, 2014, the Plaintiff appeared on the first day for pleading of the instant case, and stated to the effect that “C requested to affix a seal and affixed a seal,” and later, the Plaintiff was aware that the document was withdrawn from the instant lawsuit.”
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion was not made according to the Plaintiff’s intent, but was made by the Defendant and C’s deception or the Plaintiff’s mistake. Therefore, the instant lawsuit should be revoked.
B. The withdrawal of a lawsuit by a plaintiff is the litigation against the plaintiff's court that extinguishs the continuation of the lawsuit by withdrawing the lawsuit filed by the plaintiff, and the litigation acts are bound to determine the validity of the lawsuit on the basis of its expression rather than the intention of internal deliberation unlike the acts under general private law. Thus, even if the lawsuit was withdrawn by mistake against the intention of internal deliberation, it shall not be deemed null and void (see Supreme Court Decision 95Da11740, Oct. 24, 1997). The litigation acts under the Civil Procedure Act cannot be applied to the provisions concerning legal acts under the Civil Act, and thus, are null and void on the ground of the defect of declaration of intention, such as fraud,