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1. The instant lawsuit was concluded by the withdrawal of the lawsuit on May 24, 2019.
2. The costs of lawsuit which have arisen after the completion of the lawsuit shall be classified respectively;
Reasons
1. Article 266(2) of the Civil Procedure Act provides that "if the other party to a lawsuit submits a preparatory document as to the merits of the lawsuit, or makes any statement or pleading at the preparatory date for pleading, the other party shall have the effect of obtaining the consent of the other party, after making a statement or pleading as to the merits of the lawsuit, it cannot be deemed that the defendant has responded to the merits, and if the defendant seeks 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 his/her consent, and even if the defendant has requested a dismissal of the lawsuit on the merits as to the main merits, seeking a dismissal of the claim on the main merits
[See Supreme Court Decisions 209Meu1861 Decided July 22, 2010 (principal lawsuit), 2009Meu1878 (Counterclaim), Supreme Court Decision 2002Da35775 Decided October 11, 2002, Supreme Court Decision 68Da217, April 23, 1968, etc.] 2. According to the records of this case, the defendant cannot be deemed to have any apprehension and danger in the status of the plaintiffs in this case, and thus, the plaintiffs' claim against this case was dismissed, and the plaintiffs' claim against this case was submitted to this court on May 24, 2019.
In light of the above legal principles, as long as the defendant made a main defense against the plaintiffs' lawsuit of this case, the defendant sought dismissal of the claim as to the main defense along with the main defense of this case.
However, the withdrawal of the lawsuit by the plaintiffs is effective regardless of the defendant's consent. Thus, the lawsuit in this case was terminated on May 24, 2019.
Nevertheless, the defendant submitted the plaintiffs' written withdrawal of lawsuit.