The validity of litigation by the litigation performer

It shall be deemed that the withdrawal of the plaintiff's action is not subject to the direction of the Minister of Justice for the withdrawal of the action within the statutory period, not by the direction of the Minister of Justice.

Article 7 of the Act on Litigation to Which the State is a Party; Article 239 of the Civil Procedure Act

Supreme Court Decision 4294Da841 delivered on March 29, 1962 (Supreme Court Decision 7106 delivered on March 29, 196, Supreme Court Decision 10Da265 delivered on June 1, 200, Supreme Court Decision 10Da1213 delivered on March 29, 200)

Plaintiff

Countries

The part of the Plaintiff’s claim for KRW 3,686,00 on the date of pleading of April 28, 1965 is that the Plaintiff’s statement on April 14, 1965, in which the Plaintiff withdraws it on the date of pleading, and the lawsuit is terminated.

According to the records, the plaintiff filed a lawsuit for damages in this case with the Daegu District Court, and claimed KRW 7,686,00 in total amount of damages from treatment costs and mental distress loss, and KRW 7,686,00 in 7,68,000, which was accepted and the remaining claims were dismissed, the plaintiff appealed against the party member on April 28, 1965, stated a correction statement of the purport of appeal as of April 14, 1965, and reduced the claimed amount to KRW 4,00,000 and reduced to KRW 4,00,000, KRW 360,000 in 30,000 in 4,114,287, KRW 378,378,100 in 378,100 in 20, KRW 3700 in 20 in 30,00 in 20 in 30,000 in 360,000 won in 203.

Therefore, as seen above, the plaintiff filed a claim of KRW 7,686,00 for the original amount of KRW 7,00,000 on the date of the appellate trial after the judgment on the merits of the first instance was rendered, and the remaining amount of KRW 3,686,00 is reduced to KRW 4,00,00 on the date of the appellate trial. Thus, unless the performer of the other country does not raise any objection within two weeks, the lawsuit on the part is lawfully withdrawn pursuant to the provisions of Article 239 of the Civil Procedure Act, and the state performer cannot agree to the withdrawal of the lawsuit without the direction of the Minister of Justice. However, the effect of the withdrawal cannot be denied unless the performer raises an objection within the statutory period under the direction of the Minister of Justice with respect to the withdrawal of the other party's lawsuit. In this case, the above amount of KRW 3,686,00 claimed by the plaintiff is eventually terminated.

It is so decided as per Disposition.

Judges Kim Ho-young (Presiding Judge)