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(영문) 서울중앙지방법원 2019.05.31 2017가합6929
약정금
Text

1. The instant lawsuit was concluded on September 29, 2017 as the withdrawal of the lawsuit.

2. The costs of lawsuit incurred after the completion of the lawsuit are the Plaintiff.

Reasons

1. The Plaintiff filed the instant lawsuit on February 1, 2017, and submitted a written withdrawal of the instant lawsuit on September 29, 2017, which was before the Defendant’s written reply was submitted. The Plaintiff submitted a written withdrawal of the instant lawsuit on November 13, 2017, stating that the withdrawal of the lawsuit is revoked, is apparent in the record.

2. The withdrawal of a lawsuit by a plaintiff is the litigation against the plaintiff's court to extinguish the continuation of the lawsuit by withdrawing the lawsuit brought by the plaintiff, and the litigation is bound to determine the validity of the lawsuit on the basis of its indication rather than the intention in the trial in general, unlike the act in private law. As long as a legitimate withdrawal of lawsuit has been submitted, the plaintiff may not withdraw it at his own discretion without asking the other party before or after the service

Therefore, (see Supreme Court Decision 97Da6124, Jun. 27, 1997). According to the above facts, the lawsuit in this case was terminated as of September 29, 2017 by the Plaintiff’s submission of the written withdrawal of the lawsuit, and thereafter, the Plaintiff submitted the written revocation of the lawsuit on November 13, 2017, and the effect of the termination of the lawsuit cannot be reversed.

3. In conclusion, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s lawsuit on September 29, 2017, and thus, it is decided as per Disposition with the declaration of termination of the lawsuit.

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