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1. The instant lawsuit was concluded on December 7, 2017 as the withdrawal of the lawsuit.
2. The costs of lawsuit incurred after the completion of the lawsuit are the Plaintiff.
Reasons
1. On November 22, 2017, the Plaintiff submitted to this court a letter of withdrawal of the lawsuit to the effect that the instant lawsuit is withdrawn on November 23, 2017, and submitted a letter of withdrawal of the lawsuit to the effect that the withdrawal of the lawsuit is withdrawn on November 23, 2017, and the duplicate of the written withdrawal of the lawsuit, dated November 22, 2017, was served on the Defendant on the same day and the Defendant did not raise any objection within two weeks thereafter, is apparent in the record.
2. 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 brought by the Plaintiff, and the litigation is bound to determine whether the lawsuit has its validity on the basis of its indication rather than the intention of internal deliberation, unlike the act under general private law. As long as the written withdrawal of a lawsuit is submitted, the Plaintiff cannot withdraw it at his own discretion without asking the other party before or after the service
(see, e.g., Supreme Court Decision 97Da6124, Jun. 27, 1997). Meanwhile, in a case where it is found that a trial has been conducted while the lawsuit was completed, the court shall ex officio make a declaration of termination of the lawsuit.
In light of the foregoing legal doctrine, inasmuch as the Plaintiff submitted a written withdrawal of a lawsuit on November 22, 2017, it cannot be arbitrarily withdrawn, and the instant lawsuit was concluded by the effect of the withdrawal on December 7, 2017, where two weeks have elapsed without filing an objection even though the Defendant was served with the duplicate of the lawsuit.
4. If so, the instant lawsuit was concluded as the withdrawal of lawsuit on December 7, 2017, and thus, it is so decided as per Disposition by the declaration of termination of lawsuit.