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(영문) 수원지방법원 2015.01.30 2014나30657
양수금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit was concluded by the withdrawal of the lawsuit on June 23, 2014.

3. Termination of the lawsuit.

Reasons

ex officio deemed.

A person who has filed a lawsuit may withdraw the whole or part of the lawsuit until the judgment becomes final and conclusive, and take a lawsuit only after the pleading has been made, with the consent of the other party.

The withdrawal of a lawsuit shall be made in writing, and the document of the withdrawal shall be served on the other party, and if the other party does not raise any objection within two weeks from the date on which the document of the withdrawal of the lawsuit was served, it shall be deemed that he/she consented to the withdrawal of the lawsuit (Article 266(1), (2), (3), (4), and the former part of Article 266(6) of the Civil Procedure Act). According to the records of this case, the plaintiff submitted the written withdrawal of the lawsuit on June 23, 2014 during the first instance trial, and the above written withdrawal was served on the defendant on July 4, 2014, and the defendant did not raise any objection within two weeks, the court of first instance rendered a judgment against the plaintiff on June 26, 2014, and it can be recognized that the plaintiff filed the appeal of this case, according to the aforementioned legal principles and factual relations, the plaintiff submitted the above written withdrawal of the lawsuit.

Therefore, it is so decided as per Disposition by cancelling the first instance judgment and declaring that the instant lawsuit was terminated by the withdrawal of the lawsuit on June 23, 2014.

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