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(영문) 서울중앙지방법원 2014.11.06 2014가합23602
추심금
Text

1. The instant lawsuit was concluded on July 8, 2014 by the withdrawal of the lawsuit.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

Reasons

A lawsuit may be fully or partially withdrawn until the judgment becomes final and conclusive, and the other party to a lawsuit shall obtain the consent of the other party subsequent to the submission of a preparatory document on the merits of the lawsuit, but where the other party fails to raise an objection within two weeks from the date on which a written withdrawal of the lawsuit was served (Article 266 of the Civil Procedure Act). In relation to this case, health class, the Plaintiff submitted a document of withdrawal of the lawsuit containing his/her declaration of intent to withdraw the lawsuit of this case on July 8, 2014, and the said document was served on the Defendant on July 11, 2014, and the fact that the Defendant did not raise an objection is apparent in the record.

Therefore, the instant lawsuit was terminated by the withdrawal of the Plaintiff’s lawsuit.

In this regard, the plaintiff asserts that the withdrawal of the lawsuit in this case was based on mistake.

However, the withdrawal of a lawsuit by the plaintiff is an action against the plaintiff's court to extinguish the continuation of the lawsuit by withdrawing the lawsuit filed by the plaintiff, and the litigation is bound to determine the validity of the lawsuit on the basis of its expression rather than the intention of the court in general civil law, and as long as the written withdrawal of the lawsuit is submitted, the plaintiff cannot withdraw it at his own discretion without asking the other party before or after the service of the document.

Therefore, the Plaintiff withdrawn the lawsuit by mistake (see, e.g., Supreme Court Decision 97Da6124, Jun. 27, 1997).

Even if the plaintiff cannot withdraw it, the plaintiff can not withdraw.

I would like to say.

Therefore, the instant lawsuit is deemed to have been terminated by the withdrawal of the lawsuit on July 8, 2014, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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