(영문) 제주지방법원 2020.06.05 2018가단61934

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(영문) 제주지방법원 2020.06.05 2018가단61934

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1. The instant lawsuit was concluded on April 13, 2020 by the withdrawal of the lawsuit.

2. The costs of lawsuit which have arisen after the completion of the lawsuit shall be classified respectively;

Reasons

1. In a case where the defendant responded that the plaintiff's lawsuit should be dismissed in the first place and the judgment of dismissal of the lawsuit, the defendant's assertion on the merits is a preliminary one in preparation for the case where the main defense is rejected. Thus, the plaintiff can withdraw the lawsuit without the defendant's consent under Article 266 (2) of the Civil Procedure Act.

(see Supreme Court Decision 67Nu77, Sept. 17, 1968). 2. The records of this case revealed that the defendant submitted a written answer on Nov. 22, 2018, and that the lawsuit should be dismissed as there is no benefit of confirmation, and that the conjunctive claim by the plaintiff should be dismissed as there is no good reason.

However, the Defendant stated that the “responding to the purport of the claim” as stated in the “responding “responding to the claim” as stated in the “responding to the main claim,” but this does not conform to the logical order by which the Defendant asserted or determined the Defendant’s defense, and the “responding to the cause of the claim” as stated in the “responding to the “responding to the claim” did not meet the requirements. As such, the order of the “responding to the purport of the claim” is deemed as clerical error.

After that, the plaintiff submitted a written withdrawal of the lawsuit on April 13, 2020, the defendant submitted a written consent to the withdrawal of the lawsuit on April 28, 2020.

As long as the defendant has changed the main safety defense of the lawsuit, the defendant sought dismissal of the claim on the merits together with the main safety defense.

However, the withdrawal of the lawsuit by the plaintiff is deemed to have taken effect immediately regardless of the defendant's consent, so the lawsuit in this case shall be deemed to have been terminated by the withdrawal of the lawsuit by the plaintiff on April 13, 2020.

Nevertheless, on April 28, 2020, the Defendant submitted a written withdrawal of the Plaintiff’s lawsuit to this court on April 28, 2020.

참조조문

-민사소송법 제266조 제2항

유사 판례

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