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(영문) 부산지방법원 2015.08.13 2013가합47906
물품대금
Text

1. The instant lawsuit was concluded on May 14, 2014 as the withdrawal of the lawsuit.

2. The costs of the lawsuit incurred after the completion of the lawsuit shall be borne by the defendant.

Reasons

1. Article 266(2) of the Civil Procedure Act provides that "a party to a lawsuit shall have the effect of obtaining the consent of the other party if the other party to the lawsuit submits a preparatory document as to the merits or makes any statement or pleading at the preparatory date for pleading, and if the defendant only requests a judgment of rejection of the lawsuit in the course of submitting the main safety defense, it cannot be deemed that he/she has responded to the merits, and the plaintiff may withdraw the lawsuit without the consent of the defendant, and even if the defendant seeks a dismissal of the lawsuit in the main safety defense, and the defendant seeks a dismissal of the claim in the main defense, it shall be deemed that the plaintiff may withdraw the lawsuit without the consent of the defendant, since the safety defense is sought in preparation

[See Supreme Court Decisions 209Meu1861 Decided July 22, 2010, 2009Meu1878 (Counterclaim); 2002Da35775 Decided October 11, 2002; 68Da217, and 218 Decided April 23, 1968, etc. of this case, the defendant filed a lawsuit seeking confirmation of rehabilitation claim amounting to KRW 371,348,85, against the defendant's manager as Busan District Court 201Ga2497 during the rehabilitation procedure against the defendant, and the plaintiff filed a lawsuit seeking confirmation of rehabilitation claim amounting to KRW 371,348,85 against the defendant from the above court on September 5, 2012; 2002Da371,34855, etc. of the rehabilitation claim amount against the defendant's rehabilitation creditors list; and the plaintiff's claim against the defendant's rehabilitation claim amount becomes final and conclusive by 371,485, etc.

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