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(영문) 서울고등법원 2014.11.21 2012나57127
대여금
Text

1. Of the instant lawsuit, the lawsuit against Defendant B is withdrawn on March 14, 2013, and the lawsuit against Defendant C is withdrawn on March 22, 2013.

Reasons

1. The following facts are apparent in the records:

After the pleadings have been concluded on March 8, 2013, the date of adjudication was set on April 5, 2013.

B. On March 14, 2013, K submitted to this Court a written withdrawal of action, stating “Plaintiff A”, “Defendant B”, and “Plaintiffs shall withdraw action.”

The withdrawal of the above lawsuit had the Plaintiff’s seal imprint affixed to the Plaintiff’s seal imprint, and the Defendant B’s seal imprint affixed to the statement to the effect that “the consent to withdrawal is consented thereto.”

On the other hand, the withdrawal of the lawsuit was accompanied by the power of delegation in the name of the plaintiff and the certificate of the plaintiff's seal to delegate all the powers concerning the withdrawal of the lawsuit to K.

C. On March 22, 2013, the Plaintiff’s legal representative submitted to this court a written withdrawal of the lawsuit stating “Plaintiff A”, “Defendant B, C” and “Plaintiff’s legal representative withdraw the instant lawsuit against the Defendants.”

The withdrawal of the above lawsuit contains the Plaintiff’s seal affixed to the Plaintiff’s attorney’s seal, and “the Defendant’s attorney consented to the withdrawal of the lawsuit above,” and the Defendants’ attorney’s seal affixed thereto.

On July 21, 2014, the Plaintiff denied the withdrawal of the lawsuit through his/her attorney, and applied for designation of the date.

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the Plaintiff did not take place according to the intent of the Plaintiff who took the instant lawsuit, but was made by K’s deception, forgery of documents, mistake of the Plaintiff’s attorney, etc., and that it is null and void

B. Legal doctrine withdrawal of a lawsuit filed by the Plaintiff is the litigation for the Plaintiff’s court to extinguish the continuation of the lawsuit, and the litigation is bound to determine the validity of the lawsuit based on its indication rather than the intention of internal deliberation, unlike the act under general private law. Therefore, even if the lawsuit was withdrawn by mistake against the intention of internal deliberation.

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