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(영문) 서울동부지방법원 2020.02.21 2018가단142576
대여금
Text

1. The instant lawsuit was concluded on September 5, 2019 as the withdrawal of the lawsuit.

2. The Plaintiff’s litigation cost after the date of application is designated.

Reasons

1. In a case where the effect of the withdrawal of a lawsuit is disputed, the claimant shall prove that the withdrawal has no effect or is null and void.

According to the records, on December 7, 2018, the plaintiff was accompanied by a letter of delegation of lawsuit appointing C as the plaintiff's legal representative, and the complaint of this case seeking the payment of loans of KRW 70,400,000 and delay damages therefor was submitted to this court. On September 5, 2019, the letter of withdrawal of lawsuit, which the plaintiff withdraws the lawsuit of this case, was submitted to this court through mail, was submitted to this court on September 5, 2019. The defendant submitted the letter of consent to withdrawal of the lawsuit of this case on September 11, 2019. The defendant submitted the letter of consent to withdrawal of the lawsuit of this case to the plaintiff on September 6, 2019. The plaintiff's legal representative submitted an application for designating the date by asserting that the withdrawal

In full view of the statements in subparagraphs 1 through 5 of this paragraph, witness D's testimony, and the purport of the entire argument in the plaintiff's party examination, the plaintiff issued a certificate of personal seal impression to withdraw the lawsuit of this case on July 22, 2017, and the plaintiff issued it to the defendant, and the plaintiff can recognize the fact that it stated "9.4." The plaintiff entered the written withdrawal of the lawsuit of this case on September 5, 2019, and it cannot be deemed that there was no withdrawal or invalid.

2. As such, the instant lawsuit between the Plaintiff and the Defendant was terminated by the withdrawal of the lawsuit on September 5, 2019, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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