logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2016.11.22 2015가단5106
손해배상
Text

1. The instant lawsuit was concluded on October 27, 2016 as the withdrawal of the lawsuit.

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

Reasons

The withdrawal of a lawsuit filed by the Plaintiff is the litigation for the Plaintiff’s court to extinguish the continuation of the lawsuit by withdrawing the lawsuit, and the litigation is bound to determine the validity of the lawsuit on the basis of its indication rather than the intention of internal deliberation unlike the act of general private law. Therefore, the Plaintiff’s attorney delegated with the authority, including the authority to withdraw the lawsuit, voluntarily withdrawn the lawsuit by mistake.

Even if it is not invalid, it shall not be considered invalid.

(See Supreme Court Decision 80Da3251 delivered on April 12, 1983). In addition, inasmuch as a lawful withdrawal of a lawsuit was submitted, the Plaintiff may not withdraw it at will without asking the other party before or after the service of the document.

(Supreme Court Decision 97Da6124 Decided June 27, 1997). Attorneys C, who were granted the authority to withdraw a lawsuit by the Plaintiff, submitted a written withdrawal of the lawsuit to this court on behalf of the Plaintiff on October 27, 2016 on behalf of the Plaintiff, and the fact that the Defendant consented to the withdrawal of the lawsuit is apparent in the record, so the lawsuit of this case between the Plaintiff and the Defendant was terminated by withdrawal.

Accordingly, even if the plaintiff submitted a written statement to the effect that he/she would withdraw the above lawsuit on October 28, 2016, it shall not be effective in light of the legal principles as seen earlier.

Since the lawsuit in this case is terminated as of October 27, 2016, the withdrawal of the lawsuit in this case is decided as per Disposition by the declaration of termination of the lawsuit.

arrow