조합원 분담금 반환 등 청구의 소
1. The instant lawsuit was concluded on November 12, 2020 by the withdrawal of the suit.
2. The costs of the lawsuit after the fixed date has been fixed.
Facts of recognition
A. On June 3, 2020, the Plaintiff and C submitted the instant complaint to this court stating that “The Plaintiff and C shall cancel each partnership membership agreement concluded between the Plaintiff and C with the Defendant, and shall claim the refund of the amount equivalent to each union member already paid by the Plaintiff and C as a refund of unjust gains following the cancellation.”
On September 7, 2020, the defendant submitted a written response on the merits, stating the purport of disputing the above claim by the plaintiff and C.
B. With respect to the instant lawsuit, the Plaintiff and C appointed “Law Firm (LLC)” as the same litigation agent, and on November 12, 2020, the said litigation agent submitted to this court a copy of the instant lawsuit, stating “the Plaintiff and C withdraw the instant lawsuit against the Defendant” (hereinafter “instant lawsuit”).
After that, the plaintiff's agent submitted a letter of withdrawal of the lawsuit (hereinafter referred to as "written withdrawal of the lawsuit in this case") stating that "the written withdrawal of the lawsuit in this case is withdrawn" on the same day.
(c)
The withdrawal of the instant lawsuit was served on November 12, 2020 to the Defendant, and the Defendant did not raise any objection until two weeks pass thereafter.
[Grounds for recognition] Clear fact in records, significant fact in this court, purport of the whole pleadings
2. Determination as to the termination of the instant lawsuit
A. The withdrawal of a lawsuit shall have the effect of obtaining the consent of the other party after the other party submitted a preparatory document on the merits of the lawsuit. If the other party does not raise an objection within two weeks from the date on which the written withdrawal of the lawsuit was served (Articles 266(2) and 266(6) of the Civil Procedure Act). In full view of the facts recognized in the health class and paragraph (1), the Plaintiff’s agent shall be deemed to have consented to the withdrawal of the lawsuit (Article 266(2) and (6) of the Civil Procedure Act). In addition, the Plaintiff’s agent shall file the instant lawsuit with the Defendant on November 12, 2020,