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(영문) 부산지방법원 2017.07.14 2016가단339364
청구이의
Text

1. The instant lawsuit was concluded on December 29, 2016 as the withdrawal of the lawsuit.

2. Expenses incurred after the completion of a lawsuit shall be borne by each person;

Reasons

After the other party to a lawsuit has submitted a preparatory document on the merits of the case or made any statement or pleading at the preparatory date for pleading, the plaintiff may withdraw the lawsuit without the consent of the other party (Article 266(2) of the Civil Procedure Act). However, where the defendant sought a judgment on retirement in the course of submitting the main defense to the court, the plaintiff may withdraw the lawsuit without the consent of the other party (see Supreme Court Decision 68Da217, 68Da218, Apr. 23, 1968). Meanwhile, where it is found that the lawsuit has been excessive even after the completion of the lawsuit and that the trial has been continuing, the court shall ex officio declare the termination of the lawsuit (see Supreme Court Decision 2010Da103048, Apr. 28, 201).

Therefore, it is decided as per Disposition by the declaration of termination of the lawsuit.

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