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(영문) 서울중앙지방법원 2016.09.23 2016나42830
부당이득금반환청구의소
Text

1. The instant lawsuit was concluded on July 12, 2016 as the withdrawal of the Plaintiff’s appeal.

2. Following the completion of the instant lawsuit.

Reasons

The court of the first instance rendered a judgment that "the plaintiff's claim is dismissed" on June 14, 2016, and the fact that the plaintiff received the judgment of the first instance on June 20, 2016 and filed the appeal of this case on July 4, 2016 within the appeal period. However, the fact that the plaintiff submitted the written withdrawal of appeal on July 12, 2016, which is the expiration of the appeal period, and thereafter submitted the written withdrawal of appeal on July 13, 2016 is obvious.

If the appellant submits the written withdrawal of appeal, regardless of the other party's consent, it takes effect immediately, and the plaintiff's period of appeal has expired as well as the withdrawal of appeal on July 12, 2016, the lawsuit in this case is terminated. After the expiration of the period of appeal, the plaintiff's withdrawal of appeal submitted on July 13, 2016 (if the appeal is withdrawn before the expiration of the period of appeal, it is possible to bring a new appeal if it is within the period of appeal), the written withdrawal of appeal, which is submitted by the plaintiff on July 13, 2016, has no effect.

Therefore, since the lawsuit in this case was terminated by the withdrawal of the plaintiff's appeal on July 12, 2016, it is decided as ordered by the declaration of termination of the lawsuit.

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