1. The instant lawsuit was concluded on December 11, 2018 as the withdrawal of the lawsuit.

2. The costs of lawsuit shall be borne by each person after the completion of the lawsuit.

After the other party submits a preparatory document as to the merits or makes any statement or pleading at the preparatory date for pleading, the other party’s consent shall be effective (Article 266(2) of the Civil Procedure Act). However, 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. Even in cases where the defendant has requested a dismissal of the lawsuit as a main safety defense and the dismissal of the claim as to the merits, it is sought as a preparatory claim against the time when the main safety defense is groundless. Thus, the plaintiff may withdraw the lawsuit without his/her consent (see, e.g., Supreme Court Decisions 68Da217,68Da218, Apr. 23, 1968; 209Meu1861, Jul. 22, 2010; 2009Meu1878, Feb. 1, 2009>

(See Supreme Court Decision 2010Da103048 Decided April 28, 2011, etc.). On April 19, 2018 and May 1, 2018, the Plaintiff submitted a preparatory document stating the purport of seeking a judgment of rejection or dismissal of a lawsuit on the ground that the Plaintiff has no interest in confirmation, and the Plaintiff submitted a written withdrawal of the lawsuit in this case to this court on December 11, 2018, and the fact that the Defendant submitted a written consent of withdrawal of the lawsuit in this case on December 18, 2018 is clear in each record.

According to the above legal principles, the Plaintiff may withdraw the lawsuit regardless of the Defendant’s consent. As such, the Plaintiff submitted a written withdrawal of the lawsuit to this court on December 11, 2018, and the lawsuit in this case was terminated on the same day.

Nevertheless, since the court did not confirm that the lawsuit has been terminated and proceeded with a trial, it is decided to declare the termination of the lawsuit in this case.