1. The instant lawsuit was terminated by the withdrawal of the lawsuit on September 18, 2019.

2. The costs of the lawsuit after the completion of the lawsuit are assessed against the defendant.

1. Article 266(2) of the Civil Procedure Act provides that “The other party to a lawsuit shall have the effect of obtaining consent of the other party if the other party to the lawsuit has submitted a preparatory document on the merits, or has made any statement or pleading at the preparatory date for pleading

If the defendant only submitted a defense before the merits and sought a judgment of rejection of the lawsuit, it cannot be deemed that he/she responded to the merits, and the plaintiff can withdraw the lawsuit without the consent of the defendant.

Even if the defendant requested to dismiss the suit as a defense prior to the merits, and dismissed the suit as to the merits, it is the conjunctive claim against the defense prior to the merits. Therefore, the plaintiff can withdraw the suit without the consent of the defendant, since it is the preliminary claim against the time when the defense prior to the merits is groundless.

[See Supreme Court Decisions 68Da217 and 218, Apr. 23, 1968; 2002Da35775, Oct. 11, 2002; 2009Meu1861, Jul. 22, 2010; 2009Meu1878, etc.]

2. According to the records in this case, since the defendant lacks proof of delegation of the plaintiffs' lawsuit in this case, the defendant raised a defense prior to the merits seeking rejection due to lack of the plaintiffs' right of representation, and it is evident that even if a legitimate lawsuit is filed for domestic affairs, it is not reasonable, and thus, the plaintiffs' claim is dismissed.

On September 18, 2019, the plaintiffs' attorney submitted a written withdrawal of the lawsuit of this case to withdraw the lawsuit of this case.

As above, insofar as the Defendant made a principal safety defense against the claim of this case, the withdrawal of the lawsuit was effective immediately regardless of the Defendant’s consent by submitting the written withdrawal of the lawsuit, and the lawsuit of this case was terminated on September 18, 2019 by the withdrawal of the lawsuit of this case.

Nevertheless, the defendant submitted a written consent to the withdrawal of the lawsuit to this court on September 20, 2019, which was after the submission of the plaintiffs' written consent, and the plaintiff's attorney on September 24, 2019 shall be the plaintiffs' attorney.