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1. The instant lawsuit was concluded on January 5, 201 as the withdrawal of the lawsuit.
2. Expenses incurred after the completion of a lawsuit shall be borne by each person;
Reasons
Article 266(2) of the Civil Procedure Act provides that "the other party to a lawsuit shall have the effect of obtaining the consent of the other party if the other party to the lawsuit submits a preparatory document as to the merits of the lawsuit, or gives any statement or pleading at the preparatory date for pleading, and if the defendant only requests a judgment of rejection of the lawsuit in the course of submitting the main defense, it cannot be deemed that the party has responded to the merits, and thus the plaintiff may withdraw the lawsuit without the consent of the defendant, since it cannot be deemed that the plaintiff has responded to the merits, and even if the defendant requested a dismissal of the lawsuit in the main defense due to the main defense and the dismissal of the claim in the main defense, seeking a dismissal of the claim
(Supreme Court Decision 209Meu1861, 1878 Decided July 22, 2010, and Supreme Court Decision 68Da217, 218 Decided April 23, 1968, etc.). Meanwhile, in a case where it is found that a trial has been conducted while the lawsuit was completed, the court should ex officio declare the termination of the lawsuit.
(Supreme Court Decision 2010Da103048 Decided April 28, 2011). In the instant case, the Defendant sought a judgment dismissing the Plaintiff’s claim on the merits, while making the instant lawsuit’s objection to the purport that it is unlawful against the arbitration agreement, and thereafter, filed a written withdrawal of the instant lawsuit with the competent court on January 5, 2017.
If so, the plaintiff's written withdrawal of the lawsuit became effective regardless of the defendant's consent by submitting the written withdrawal of the lawsuit, and the lawsuit of this case was terminated on January 5, 2017.
Nevertheless, on January 10, 2017, after the Plaintiff submitted the written withdrawal of the lawsuit, the Defendant submitted a written consent to the withdrawal of the lawsuit to this court on January 10, 2017, and this court has tried to confirm that the lawsuit has been terminated and subsequently conducted a trial, and thus, it is so decided as per Disposition.