The main lawsuit and counterclaim in the instant case are between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on July 24, 2020.

1. Judgment on the main lawsuit

A. The withdrawal of a lawsuit by the Plaintiff is the litigation against the Plaintiff’s court that extinguishs the continuation of the lawsuit by withdrawing the lawsuit brought by the Plaintiff, and the litigation is bound to determine whether the lawsuit is effective on the basis of its indication rather than the intention of internal deliberation, unlike the act under general private law. Therefore, even if the Plaintiff withdraws the lawsuit by mistake against the intention of internal deliberation, it cannot be

(See Supreme Court Decision 95Da11740 delivered on October 24, 1997, etc.). B.

According to the records, on June 30, 2020, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)’s attorney submitted a written withdrawal of the lawsuit to this court on June 30, 2020, “I withdraw the entire lawsuit regarding the instant case,” and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) M submitted the written consent of the withdrawal to this court on July 9, 2020, and Defendant S was served with the duplicate of the lawsuit on July 9, 2020 and did not raise an objection by July 23, 2020.

C. The Plaintiff, after the submission of the written withdrawal of a lawsuit, submitted the “written withdrawal of a lawsuit” and “written withdrawal of a lawsuit,” through his/her attorney on the same day, and thereafter, contests the effect of the withdrawal of the lawsuit to the effect that the Plaintiff’s association head and the attorney’s written opinion, etc. submitted the written withdrawal by misunderstanding the staff who received instructions to withdraw the lawsuit, but this was contrary to the Plaintiff’s intent to withdraw the lawsuit.”

In light of the legal principles as seen earlier, the withdrawal of a lawsuit is bound to be determined on the basis of its indication, and thus, the validity of the withdrawal of the lawsuit submitted by the Plaintiff’s legal representative cannot be deemed null and void solely on the basis of the circumstances asserted by the Plaintiff and his legal representative.

Therefore, pursuant to the withdrawal of the lawsuit on June 30, 2020 by the Plaintiff’s attorney, the Plaintiff’s principal lawsuit of this case is against Defendant S, whose objection period was set by the objection period, and against Defendant M.