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1. The instant lawsuit was concluded on April 8, 2015 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. We examine ex officio the termination of the instant lawsuit.
A. 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, if the defendant only requests a judgment of rejection of the lawsuit in the course of submitting the main safety defense, 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 even if the defendant seeks a dismissal of the lawsuit in the main safety defense, and the defendant seeks a dismissal of the claim as to the merits, it shall be deemed that the plaintiff may withdraw the lawsuit without the consent of the defendant, since the main safety defense is sought in preparation
[See Supreme Court Decisions 2009Meu1861, 2009Meu1878 (Counterclaim) Decided July 22, 2010; 2002Da35775, Oct. 11, 2002; 68Da217, 218, Apr. 23, 1968, etc.] B.
According to the records of this case, the plaintiff and the defendant entered into an arbitration agreement to resolve the dispute concerning the contract of this case from the Korean Commercial Arbitration Board. Since the plaintiff had already been judged to be null and void of the contract of this case from the Korean Commercial Arbitration Board, the plaintiff's lawsuit of this case was dismissed in its entirety as well as the plaintiff's claim on the merits. The plaintiff filed a written withdrawal of the lawsuit of this case with this court on April 8, 2015. The plaintiff filed a written withdrawal of the lawsuit of this case with this court. As long as the defendant's main safety defense was changed, the defendant sought a judgment on the merits of
Even if the withdrawal of a lawsuit takes effect regardless of the defendant's consent, the lawsuit in this case was terminated by the plaintiff's withdrawal on April 8, 2015, and the defendant's withdrawal of the lawsuit in this court on April 10, 2015.