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(영문) 부산고등법원 2018.01.18 2017나54701
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. According to the records on the validity of the written withdrawal of a lawsuit submitted by the Plaintiff, the Plaintiff submitted the written withdrawal of the lawsuit to this court on January 4, 2018, and the Defendant’s attorney submitted a written consent to the withdrawal of the lawsuit to the court on January 5, 2018, stating that he/she does not consent to the withdrawal of the lawsuit by the Plaintiff, but submitted the written consent to the withdrawal of the written withdrawal of the lawsuit on January 17, 2018.

However, by the defendant's refusal of consent to the withdrawal of the plaintiff, the withdrawal of the lawsuit cannot be effective, and the defendant subsequently withdrawn his/her consent to the withdrawal.

Even if the withdrawal of a lawsuit cannot be effective again, it cannot be said that the withdrawal of the lawsuit is effective.

(See Supreme Court Decision 69Da130, 131, 132 delivered on May 27, 1969). 2. The reasoning of the judgment of the court of this case cited in the judgment of the court of first instance is the same as that of the part against the plaintiff, in addition to the case where the "Witness N" is applied as "N of the witness of the court of first instance" in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

Of the judgment of the first instance, the part against the plaintiff in the judgment is justified, and thus, the plaintiff's appeal is dismissed as it is without merit.

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