1. The instant lawsuit was concluded on August 7, 2019 as the withdrawal of the lawsuit.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

1. The following facts are acknowledged according to the records of the process of withdrawal of the lawsuit.

A. On September 7, 2018, the Plaintiff filed the instant lawsuit seeking damages against the Defendant.

B. On March 13, 2019, the first instance court rendered a judgment dismissing the Plaintiff’s claim, and the Plaintiff submitted a petition of appeal on March 25, 2019.

C. On July 22, 2019, the Plaintiff submitted a written withdrawal of the lawsuit, and filed an application for designation of the date if the written withdrawal was submitted by mistake on the same day.

The defendant served a written withdrawal of the lawsuit on July 23, 2019 and did not raise an objection within two weeks.

2. Determination

A. The legal act under the Civil Procedure Act is an act of litigation taking place, and the provisions on legal act under the Civil Act cannot be applied to the litigation unless there are special provisions or circumstances. Thus, the withdrawal of the lawsuit cannot be revoked on the ground that it was made by mistake.

(See Supreme Court Decisions 80Da76 delivered on August 26, 1980, 96Da35484 delivered on October 10, 1997, etc.). As long as a lawful written withdrawal of a lawsuit has been submitted, the Plaintiff may not withdraw it at will without asking the other party before or after the service of the document.

(Supreme Court Decision 97Da6124 delivered on June 27, 1997). B.

Therefore, the Plaintiff’s establishment of the suit is valid, and the Defendant’s filing of an objection within two weeks from the date of receipt of the suit is deemed to have consented to the withdrawal of the suit. Therefore, the instant suit terminated on August 7, 2019.

3. As such, even though the lawsuit in this case was terminated as the withdrawal of the lawsuit in this case, since the plaintiff asserted its validity and applied for the designation of date, it is so decided as per Disposition by the declaration of termination of the lawsuit.