1. Fact-finding due to violation of the rules of evidence concerning delegation;

The plaintiff shall withdraw the lawsuit in this case under the condition that he receives a certain amount of money from the defendants, and only delegated the authority to submit negotiation and withdrawal with the defendants to the non-party 1, and did not delegate the authority to the non-party 2, and even though the time for submission of the withdrawal was limited to the time prior to the pronouncement of the judgment of the court of first instance, the court below acknowledged that the plaintiff entrusted the plaintiff to submit the withdrawal document to the non-party 1 and the non-party 2, and did not accept the plaintiff's assertion on the ground that there is no evidence to prove that the time for submission of the withdrawal was limited to the time prior to the pronouncement of the judgment of the court of first instance. However, the above assertion is erroneous in the misapprehension of facts against the rules of evidence, which is the fact-finding court, and the court below's judgment is erroneous in

2. The misapprehension of legal principles as to the effect of withdrawal of lawsuit

Unlike the act in general civil law, the act of litigation against the plaintiff's court that has withdrawn the lawsuit filed by the plaintiff and has ceased to exist, and the act of litigation is bound to determine whether it is effective on the basis of its indication rather than the intention in the court (see, e.g., Supreme Court Decisions 97Da6124, Jun. 27, 1997; 95Da11740, Oct. 24, 1997).

According to the reasoning of the judgment below, the court below acknowledged facts as stated in its reasoning after comprehensively taking account of the relevant evidence, and did not state that the plaintiff can submit a written withdrawal of lawsuit in this case, which was delegated to the non-party 1 and the non-party 2 to submit a written withdrawal of lawsuit on free will, before the judgment of the court of first instance is pronounced, and even if the non-party 2, who was delegated by the plaintiff to submit a written withdrawal of lawsuit, violates his duty and submitted it after the judgment of the court of first instance, it cannot be deemed invalid in the litigation which has no choice but to determine its validity on the basis of the indication of the written withdrawal of the lawsuit, and ultimately, completed by the submission of the written withdrawal of the lawsuit in this case. In light of the above legal principles, the above

3. As to the remaining grounds of appeal

The remaining grounds of appeal by the plaintiff are merely grounds for the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the court below, and they cannot be viewed as legitimate grounds of appeal, or they cannot be accepted in light of the above legal principles.

4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Ill-sook (Presiding Justice)