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1. The withdrawal of the instant case was terminated on May 6, 2020.
2. The costs of lawsuit after the completion of the lawsuit shall be borne by each person;
Reasons
Article 266(2) of the Civil Procedure Act provides that “The other party to a lawsuit shall have the effect of obtaining consent of the other party, if the other party to the lawsuit submits a preparatory document as to the merits of the case, or gives any statement or pleading during
However, in the event that the defendant merely sought a judgment of rejection in the course of submitting the main safety defense, it cannot be deemed that the plaintiff respondeds to the merits, and the plaintiff can withdraw the lawsuit without the defendant's consent. Even if the defendant sought a dismissal in the main safety defense, and the request for dismissal in the main defense is sought in preparation for the time when the main safety defense is not justified, the plaintiff can withdraw the lawsuit without the defendant's consent.
(See Supreme Court Decision 2009Meu1861, 1878 Decided July 22, 2010, and Supreme Court Decision 68Da217, 218 Decided April 23, 1968, etc.). Meanwhile, in a case where it is found that a trial has been conducted while the lawsuit was completed, the court shall ex officio declare the termination of the lawsuit.
(See Supreme Court Decision 2010Da103048 Decided April 28, 201). Through the instant pleading, the Defendant filed a motion to dismiss the Plaintiff’s claim on the merits of the instant lawsuit to the effect that the instant lawsuit does not have any interest in confirmation and is unlawful. The Plaintiff thereafter submitted the written withdrawal of the instant lawsuit (the Plaintiff’s legal representative was submitted in the name of the Plaintiff’s legal representative on May 6, 2020) to the instant court.
If so, the plaintiff submitted a written withdrawal of the lawsuit, regardless of the defendant's consent, and the lawsuit of this case was terminated on May 6, 2020.
Nevertheless, the defendant submitted a written consent on May 7, 2020 after the plaintiff submitted the written withdrawal of the lawsuit to this court, and this court has terminated the lawsuit.