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(영문) 제주지방법원 2020.07.02 2019가합13038
상호협약무효확인
Text

1. The instant lawsuit was concluded on May 2, 2020 as the withdrawal of the lawsuit.

2. The costs of lawsuit incurred after the completion of a lawsuit shall be borne individually by each person;

Reasons

1. Basic facts

A. On August 9, 2019, the Plaintiffs filed the instant lawsuit against the Defendants seeking confirmation of invalidity of the “mutual agreement for the realization of the regional win-win scheme” concluded on July 26, 2019 between the Defendants.

B. Accordingly, Defendant B Co., Ltd (hereinafter “Defendant Co., Ltd”) submitted the reply on September 16, 2019 and the preparatory documents on October 30, 2019, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) responded to the main defense that the instant lawsuit should be dismissed on the grounds that there is no benefit of confirmation, and that the instant agreement should be lawfully concluded and valid, and that the Plaintiffs’ claim should be dismissed.

C. On April 23, 2020, Defendant A Village Association (hereinafter “Defendant A Village Association”) submitted a written reply, and primarily, responded to the main defense that the instant lawsuit should be dismissed as it is unlawful because there is no benefit in confirmation, and the conjunctive reply that the Plaintiffs’ claim should be dismissed on the same ground as the written statement in Defendant A Village on October 30, 2019.

On May 2, 2020, the Plaintiffs submitted to this court a written withdrawal of the lawsuit to withdraw the instant lawsuit against the Defendants. The Defendant Village Association submitted a written consent to the withdrawal of the lawsuit to each of the competent courts on May 14, 2020, and the Defendant Company submitted a written consent to the withdrawal of the lawsuit to each of the competent courts on May 15, 2020, and the date for pleading was proceeding on June 4, 2020, June 18, 2020, and June 3, 2020, and the pleading was concluded on the same day.

[Reasons for Recognition] The substantial fact in this Court

2. Article 266(2) of the Civil Procedure Act provides that “If the other party to a lawsuit submits a preparatory document as to the merits of the case or makes any statement or pleading at the preparatory date for pleading, the other party shall have the effect of obtaining the consent of the other party.” Thus, if the defendant only presents a defense before the merits and seeks a judgment of rejection of the lawsuit, it cannot be deemed that he/she responded to the merits, and the plaintiff may withdraw the lawsuit without the consent of the defendant, and the defendant shall make

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