Effect of withdrawal of an action against the internal deliberation intent;

Unlike the acts in general private law, the parties' procedural acts are bound to determine the validity of the litigation based on the indication rather than the intention of internal deliberation. Therefore, even if the withdrawal of the lawsuit is contrary to the intention of internal deliberation, it shall not be deemed null and void.

Article 239 of the Civil Procedure Act

Plaintiff

Defendant 1 and one other

Seoul Central District Court Decision 80Na79 delivered on November 19, 1980

The instant lawsuit was concluded by the Plaintiff’s withdrawal of the suit on January 26, 1981.

Costs of lawsuit after filing an application for fixed date shall be borne by the plaintiff.

According to the records, the plaintiff submitted a written withdrawal of the lawsuit of this case, which is pending in the trial of this case, and the defendants did not raise any objection within two weeks from the date of delivery of the written withdrawal of the lawsuit of this case.

The gist of the grounds for the plaintiff's application for designating the date of this case is that the above withdrawal is not based on the plaintiff's genuine intent, and thus is null and void. However, there are no data to be recognized as such, and the parties' procedural acts are bound to determine its validity based on its indication rather than the intention of internal deliberation unlike the act of general judicial acts. Therefore, even if the withdrawal of the lawsuit of this case goes against the plaintiff's internal intent, it cannot be deemed null

Ultimately, it is clear that the lawsuit of this case was concluded by the withdrawal of the lawsuit of this case from January 26, 1981. Thus, the conclusion of the lawsuit is declared and the costs of lawsuit after the motion for designation of date are assessed against the plaintiff at its own expense. It is so decided as per Disposition by

Justices Lee Lee Sung-soo (Presiding Justice)