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(영문) 수원지방법원성남지원 2016.04.29 2015가단33778
추심금
Text

1. The instant lawsuit was concluded on February 25, 2016 as the withdrawal of the lawsuit.

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

Reasons

According to the purport of the records and the entire pleadings of this case, the Plaintiff submitted the written withdrawal of the lawsuit on February 25, 2016, and the written withdrawal of the lawsuit was served on March 2, 2016 to the Defendant, and the Defendant did not raise any objection for two weeks thereafter.

Thus, the plaintiff's lawsuit of this case against the defendant does not raise an objection within two weeks from the date on which the defendant was served with the written withdrawal of the lawsuit, and the withdrawal of the lawsuit becomes effective.

Therefore, the plaintiff's lawsuit against the defendant was terminated as the withdrawal of the lawsuit.

As to this, the plaintiff asserts that the lawsuit against the defendant was withdrawn by the plaintiff on the condition that the defendant fulfilled the conditions of the agreement, but the plaintiff's taking of the lawsuit became null and void due to the failure to perform them.

However, as a litigation against the plaintiff's court to extinguish the continuation of a lawsuit, the litigation procedure is bound to determine the validity of the litigation based on the indication rather than the intention of internal deliberation, unlike the act under general private law. Unless there are special provisions or special circumstances, the provisions concerning the legal act under the Civil Act cannot be applied, and thus, the invalidity or revocation cannot be asserted on the ground of the defect of declaration of intention, such as fraud, coercion

Therefore, the plaintiff's withdrawal of the lawsuit cannot be accepted.

Therefore, as to the lawsuit of this case, the declaration of termination of the lawsuit of this case must be made, it is decided as per Disposition.

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