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(영문) 서울중앙지방법원 2017.09.07 2017가합7199

청구이의의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not.

Where the parties to a lawsuit have agreed to withdraw the lawsuit outside of the lawsuit, the agreement shall be effective and there shall be no interest in protecting the rights of the plaintiff.

(see Supreme Court Decision 81Da1312, Mar. 9, 1982). According to the evidence No. 4, the Plaintiff and the Defendant may recognize the fact that they agreed to withdraw all civil lawsuits and criminal complaints pending as of July 27, 2017 (the Plaintiff alleged that the agreement was made by coercion, but there is no evidence to acknowledge the Plaintiff’s assertion), and the lawsuit in this case is unlawful as there is no benefit of protecting the rights.

2. In conclusion, the instant lawsuit is dismissed, but the litigation cost is assessed against each party in light of the circumstances of the instant case. It is so decided as per Disposition.