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(영문) 수원지방법원 2019.04.23 2018구합71329
징벌처분 취소
Text

1. The instant lawsuit was concluded as the withdrawal of the suit on March 12, 2019.

2. The costs of lawsuit incurred after the completion of the lawsuit.

Reasons

1. The following facts are apparent or clearly recorded in the court:

On September 21, 2018, the Plaintiff filed the instant lawsuit against the Defendant seeking revocation of the disciplinary measure of 13 days set aside against the Defendant.

B. On March 12, 2019, the Plaintiff stated that the instant lawsuit was withdrawn orally on the date of the second pleading opened on March 12, 2019, but submitted a written withdrawal of the declaration of withdrawal of the lawsuit to the court

C. The Defendant did not raise an objection to the withdrawal of the Plaintiff by March 26, 2019.

2. The Plaintiff’s withdrawal of the lawsuit brought by the Plaintiff to extinguish the continuation of the lawsuit is the litigation for the Plaintiff’s court, and the litigation is bound to determine the validity of the lawsuit based on its indication rather than the intention of internal deliberation, unlike the act under general private law. Therefore, the Plaintiff’s withdrawal of the lawsuit by mistake.

Even if it is not invalid, it shall not be deemed null and void.

(see Supreme Court Decision 2003Da46758, Jul. 9, 2004). Inasmuch as a lawful withdrawal of a lawsuit was submitted, the Plaintiff may not withdraw it at will without asking the other party before or after the service of the document.

(see Supreme Court Decision 97Da6124, Jun. 27, 1997). Examining the instant case in light of such legal doctrine, the Plaintiff may not voluntarily withdraw the declaration of intent to withdraw the lawsuit filed by this court on March 12, 2019.

As the Defendant did not raise an objection by March 26, 2019, the instant lawsuit was terminated as the withdrawal of the Plaintiff’s lawsuit on March 12, 2019.

3. Conclusion, the instant lawsuit was concluded.

However, since the plaintiff submits a written withdrawal of the withdrawal of the lawsuit and contests the validity of the withdrawal of the lawsuit, the declaration of termination of the lawsuit is declared.

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