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The instant lawsuit was concluded as the withdrawal of the Plaintiff’s lawsuit on July 31, 2017.
Reasons
The withdrawal of a lawsuit by the plaintiff is the litigation against the plaintiff's court to extinguish the continuation of the lawsuit by withdrawing the lawsuit filed by the plaintiff, and the litigation procedure is bound to determine its validity on the basis of its indication rather than the intention of internal deliberation, and therefore, even if the plaintiff withdraws the lawsuit by mistake against the intention of internal deliberation, it shall not be deemed null and void.
(See Supreme Court Decision 95Da11740 Decided October 24, 1997, etc.). According to the records, the Plaintiff submitted to this court a written withdrawal of the lawsuit to the effect that “the Plaintiff shall withdraw the entire lawsuit regarding the instant case” on July 31, 2017, and on the same day, the Defendant’s legal representative submitted written consent to the withdrawal to this court.
However, the Plaintiff, upon submitting a written withdrawal of the appeal as of July 2, 2017, submitted on July 31, 2017, arguing the effect of the withdrawal of the appeal to the effect that “the Plaintiff is bound to write the written withdrawal of the appeal in the form of the document, which is “a written withdrawal of the appeal,” and that “the written withdrawal of the appeal appears to have been written in the form of the document, which is written in July 31, 2017 to submit the written withdrawal of the appeal, but it appears only to have been written in the form of the document, as it does not know the reasons therefor.”
In addition, the legal brief dated August 14, 2017 also asserted to the effect that the withdrawal of the appeal was corrected and submitted on August 2, 2017, and that the withdrawal of the appeal cannot be accepted because it is not the intent of the plaintiff, and that the withdrawal of the appeal is the main time for applying the withdrawal of the appeal.
In light of the legal principles as seen earlier, the withdrawal of a lawsuit is bound to determine the validity on the basis of its indication. Therefore, the mere fact of the Plaintiff’s assertion cannot be deemed as null and void.
Therefore, the instant lawsuit is declared to be terminated by the Plaintiff’s withdrawal of the suit on July 31, 2017.