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(영문) 서울동부지방법원 2016.10.21 2016가합125
대여금
Text

1. The instant lawsuit was concluded on September 2, 2016 by the withdrawal of the lawsuit.

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

Reasons

According to the records of this case, on September 2, 2016, at the second day of pleading opened on September 2, 2016, the plaintiff expressed his intention to withdraw the lawsuit of this case and the defendant representative C consented to the withdrawal of the lawsuit of this case. Thus, the withdrawal of the lawsuit of this case became effective.

As to this, the plaintiff agreed to divide dividends based on the provisional attachment of the defendant (Seoul East Eastern District Court 2015Kadan2832) and withdrawn the lawsuit. However, the plaintiff applied for resumption of argument to the effect that the above provisional attachment rights are already transferred to a third party and the execution of the agreement is impossible, but the provisions on legal acts under the Civil Act are not applicable to the plaintiff's litigation against the court that extinguishs the continuation of the lawsuit. Thus, the plaintiff cannot claim invalidation or revocation on the ground of the defect of expression of intent, such as deception and mistake, and withdrawal is not allowed in principle after the withdrawal becomes effective with the defendant's consent. Thus, the plaintiff's withdrawal of the lawsuit cannot

Therefore, the instant lawsuit was lawfully terminated by withdrawal of the lawsuit on September 2, 2016, and the Plaintiff contests its validity while filing an application for resumption of pleadings. Therefore, it is so decided as per Disposition by the assent of all participating Justices to clarify that the instant lawsuit has been terminated.

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