1. The instant principal lawsuit is the withdrawal of the Plaintiff (Counterclaim Defendant)’s lawsuit on September 22, 2014, and the instant counterclaim on September 22, 2014.

1. The following facts are apparent in records:

On September 22, 2014, after the date of the first instance trial of the instant case, the Plaintiff submitted a letter of withdrawal accompanied by the Defendant’s certificate of personal seal impression to the Plaintiff’s legal representative, stating that “the Plaintiff shall withdraw the entire principal lawsuit against the Defendant, and the Defendant shall consent to the withdrawal of the lawsuit.”

B. Meanwhile, on the same day, the Defendant stated in this court that “the Defendant completely withdraws the counterclaim against the Plaintiff, and the Plaintiff consents to the withdrawal of the lawsuit by the Defendant.” The seals of the Plaintiff’s attorney and the Defendant’s seal impression affixed thereto, and submitted the written withdrawal of the lawsuit accompanied by the Defendant’s seal impression.

C. Since then, on August 3, 2015 and August 6, 2015, the Defendant submitted a preparatory document containing the content of denying the effect of withdrawal of the said lawsuit to this court.

(A) On April 15, 2016, the Defendant stated that the above documents were intended to apply for the designation of the date on the second date for pleading at the trial of the Party (the second date for pleading at the trial of the Party).

A. The defendant's purport of the defendant's assertion is that the defendant is null and void since it was made by the plaintiff's deception.

B. (1) The Plaintiff’s act of taking action is an action against the court to extinguish the continuation of the lawsuit by withdrawing the lawsuit brought by the Plaintiff, and the act of litigation is bound to determine the validity of the action based on its indication rather than the intention of internal deliberation, unlike the act of general private law. Thus, even if the lawsuit was withdrawn by mistake against the intention of internal deliberation, it cannot be deemed null and void.

(see, e.g., Supreme Court Decision 95Da11740, Oct. 24, 1997). Moreover, barring any special circumstance, the provisions pertaining to a legal act under the Civil Act does not apply to any procedural act under the Civil Procedure Act, barring any special circumstance, and thus cannot attach a condition to any procedural act, and the procedural act withdrawing a lawsuit to a legitimate party.