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(영문) 서울중앙지방법원 2015.05.12 2014가단253505 (1)
대여금
Text

1. The Plaintiff’s instant lawsuit against Defendant B was concluded as the withdrawal of the suit on March 3, 2015.

2. The Plaintiff’s April 3, 2015

Reasons

According to the records, the following facts can be acknowledged: (a) after the Plaintiff filed the instant lawsuit, Defendant B submitted a written answer on February 4, 2015; (b) the Plaintiff submitted to this court a written statement of withdrawal of the instant lawsuit against Defendant B on March 3, 2015; (c) the delivery of the written withdrawal of the instant lawsuit to Defendant B on March 9, 2015; and (d) the Defendant B did not raise any objection despite having received the Plaintiff’s written withdrawal of the lawsuit.

Therefore, the Plaintiff’s instant lawsuit against Defendant B does not raise an objection within two weeks from March 9, 2015 upon receipt of the written withdrawal of the lawsuit by Defendant B, and the withdrawal of the lawsuit becomes effective on March 24, 2015.

Therefore, the Plaintiff’s instant lawsuit against Defendant B was concluded on March 3, 2015 as the withdrawal of the suit.

On the other hand, the plaintiff asserts that he has raised an objection against the withdrawal of the lawsuit against the defendant B, and asserts that the withdrawal of the lawsuit is withdrawn. Thus, the plaintiff's litigation against the plaintiff's court extinguishing the continuation of the lawsuit, which is taking action, is bound to determine the validity of the lawsuit based on its indication rather than the intention of internal deliberation, unlike the act of general private law. Unless there are special provisions or special circumstances, the provisions concerning the legal act under the Civil Act shall not be applied.

Therefore, it is interpreted that the invalidation or revocation can not be asserted on the ground of defects in declaration of intention such as fraud, coercion or mistake.

Therefore, the plaintiff's withdrawal of the lawsuit cannot be accepted.

Then, the plaintiff's declaration of the termination of the lawsuit against the defendant B is decided as per the Disposition.

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