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(영문) 대구지방법원 2015.02.06 2014구단1074
장해등급 결정처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In this case, the following facts are examined as to the legitimacy of the instant lawsuit. ① The Plaintiff completed medical care for an injury or disease caused by occupational accidents on March 4, 2013, and submitted a claim for disability benefits to the Defendant. The Defendant rendered the instant disposition on December 31, 2013, which decided the disability grade No. 14 subparag. 10; ② The Plaintiff filed the instant lawsuit seeking revocation on the ground that the instant disposition is illegal; ② The instant court, on October 24, 2014, issued a new disposition on October 24, 2014, with the Plaintiff and the Defendant “1. The Defendant revoked the determination of the disability grade against the Plaintiff on December 31, 2013; and immediately revoked the Plaintiff’s disability grade.

2. After the Defendant rendered a disposition under paragraph (1), the Plaintiff immediately withdraws the instant lawsuit, and the Defendant consents thereto.

"Mediation Recommendation was made to resolve the dispute with the content of the recommendation, and the plaintiff accepted the above recommendation, ③ the defendant accepted the mediation recommendation of this court, and the defendant also revoked the disposition of this case on November 26, 2014 and rendered a new disposition to determine the plaintiff's disability grade under class 10 (the plaintiff's ground for recognition: facts without dispute, Gap's evidence Nos. 1 through 4, and Eul's evidence No. 1 (including the serial number), and significant facts with this court) respectively.

According to the above facts, the plaintiff's expression of intent to accept a court's recommendation containing the contents of the withdrawal of lawsuit shall be deemed to have expressed his/her intent to withdraw the lawsuit, on the other hand, when the defendant, who is the next opposite party, accepts a court's mediation recommendation, on the other hand.

In addition, if the other party accepted the mediation recommendation, it shall be deemed that there was an agreement to withdraw the lawsuit between the original and the defendant, and further, if the defendant took the measures according to the mediation proposal, the agreement is reached.

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