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1. The instant lawsuit was concluded on June 25, 2015 as the withdrawal of the lawsuit.
2. Plaintiff on June 29, 2015, applying for designation of the date of June 29, 2015.
Reasons
1. The withdrawal of the Plaintiff’s lawsuit against the Defendants on June 23, 2015, which was submitted to the court on February 25, 2015, by the Plaintiff’s withdrawal of the lawsuit. However, there is no evidence to prove that the Defendants were delegated with the authority to submit the lawsuit, and thus, the validity of the written withdrawal of the lawsuit cannot be recognized. The Plaintiff submitted to the court on June 25, 2015, and the fact that the Defendants consented to the withdrawal of the lawsuit is apparent in the record.
2. Determination as to the application for designation of the date
A. The Plaintiff’s assertion argues that the Defendants’ withdrawal of the suit was withdrawn on the ground of deception, mistake, coercion, etc., since the Plaintiff had forced the Plaintiff by force by force, such as deceiving the Plaintiff, not only by deceiving the Plaintiff that “the entire litigation will no longer be problematic, but also by deceiving the Plaintiff’s mobile phone, etc., and submitted it to this court.
B. 1) Determination 1) As a litigation against the Plaintiff’s court taking action, the validity of the lawsuit ought to be determined on the basis of its expression rather than the intent of the court, unlike the act under general private law, and as long as the lawful withdrawal of the lawsuit has been submitted in writing, the Plaintiff may not withdraw it at will without asking the other party before or after the service of the document (see, e.g., Supreme Court Decisions 97Da6124, Jun. 27, 1997; 2008Da95151, Apr. 23, 2009); and (3) the Plaintiff directly visited this court with a certificate of personal seal impression, signed with the copy of the identification card, and submitted it to this court on June 23, 2015, since it is apparent in the record that the Plaintiff submitted the withdrawal of the lawsuit by the said court on June 23, 2015.
The plaintiff's assertion is without merit, since there is no evidence to deem that the above withdrawal was submitted due to mistake.
Rather, B.