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1. The instant lawsuit was concluded on March 10, 2016 by the withdrawal of the lawsuit.
2. The costs of the lawsuit after the request for setting the date.
Reasons
Attorney C and D submitted a written withdrawal of the lawsuit to this court on February 15, 2016, and a duplicate of the written withdrawal of the lawsuit is served on the defendant on February 24, 2016 and no objection is raised from the defendant within two weeks thereafter, and the fact that the plaintiff's attorney resigned on March 25, 2016 is significant in this court.
The plaintiff requested the attorney to resign at his/her own discretion, and the attorney voluntarily submitted a written withdrawal of the lawsuit, so the withdrawal of the lawsuit is null and void, and applied for designation of the date.
The withdrawal of a lawsuit by the plaintiff is the litigation for the plaintiff's court to extinguish the continuation of the lawsuit after the withdrawal of the lawsuit filed by the plaintiff, and the litigation has no choice but to determine its validity on the basis of its indication rather than the intention of the court in general civil law. Thus, it shall not be deemed null and void even if it was done by mistake of the attorney or against the party
(See Supreme Court Decision 95Da11740 Decided October 24, 1997). Accordingly, the Plaintiff’s assertion is without merit, and the instant lawsuit is terminated by withdrawal of the lawsuit on March 10, 2016 after two weeks elapsed from the date on which a duplicate of the written withdrawal of the lawsuit was served to the Defendant, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.