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(영문) 대구지방법원 2019.07.25 2018가합2039
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

We examine the defendant's main defense of safety.

If an agreement has been reached between the parties to withdraw the lawsuit, such lawsuit shall be dismissed as there is no legal interest in maintaining the lawsuit, barring any special circumstances.

(see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). According to the above legal principles, the Plaintiff and the Defendant prepared a written agreement on Jan. 8, 2019 regarding the instant case [2018Gahap2039, Jan. 8, 2019] after the filing of the instant lawsuit, “the Plaintiff shall withdraw the instant lawsuit at the same time as the said agreement and deliver a certificate of receipt to the Defendant” (Article 6).

According to the above facts, the lawsuit of this case has no legal interest in maintaining the lawsuit in accordance with the above plaintiff's agreement.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

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