부당이득금
1. The instant lawsuit was concluded on September 19, 201 as the withdrawal of the Plaintiff’s lawsuit.
2. The costs of the lawsuit after the request for setting the date.
1. On August 31, 2017, the Plaintiff delegated an attorney-at-law C with all the procedural acts pertaining to the instant case. On September 11, 2017, the Plaintiff filed the instant lawsuit as the attorney-at-law, and submitted a written withdrawal of the lawsuit to withdraw the instant lawsuit by visiting the Daegu District Court Kimcheon Branch on September 10, 2017, and around September 19, 2017, the Defendant submitted a preparatory document as to the instant case by September 19, 2017 or made any statement or pleading during the preparatory date for pleading. The fact that the Defendant either submitted a preparatory document as to the instant case or made no statement or pleading during the preparatory date for pleading is obvious
2. The Plaintiff asserts that, as the Defendant, who is the Plaintiff, did not know the meaning of the withdrawal of the lawsuit, the Plaintiff had the Plaintiff submit the written withdrawal of the lawsuit to the court, and thus, it has no effect of filing the lawsuit on September 19, 2017.
Even if the Plaintiff had an intention to return money from the Defendant and submitted a written withdrawal of the lawsuit contrary to his intention, the Plaintiff’s withdrawal of the lawsuit filed by the Plaintiff is the litigation against the Plaintiff’s court to extinguish the lawsuit, and the litigation is a litigation against the Plaintiff’s court to determine the validity of the lawsuit based on its expression rather than the intention of internal deliberation, and thus, even if the withdrawal of the lawsuit is contrary to his intention of internal deliberation, it cannot be deemed null and void.
In addition, the Plaintiff’s legal representative argued to the effect that the Plaintiff was unable to fully have his/her capacity at the time of submission of the written withdrawal of the lawsuit at the date of pleading. In light of the fact that the Plaintiff delegated the Plaintiff’s all procedural acts, etc. pertaining to the instant case to the attorney-at-law C on August 31, 2017, which was about 20 days before the date of submission of the written withdrawal of the lawsuit, and that the Plaintiff directly entered his/her name in the letter of delegation and written withdrawal of the lawsuit, the Plaintiff is recognized
As alleged by the Plaintiff, the Plaintiff is from time to time.