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(영문) 부산지방법원 2015.06.25 2014가합5329
양수금
Text

1. The instant lawsuit was concluded by the withdrawal of the lawsuit on May 15, 2015.

2. The costs of lawsuit incurred after June 1, 2015 are assessed against the Defendant.

Reasons

1. Article 266(2) of the Civil Procedure Act provides that "the other party to a lawsuit shall have the effect of obtaining the consent of the other party if the other party to the lawsuit submits a preparatory document as to the merits of the case or makes any statement or pleading at the preparatory date for pleading." Thus, if the defendant merely 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 the consent of the defendant, and even if the defendant seeks a dismissal of the lawsuit in the merits as to the main defense, it shall be deemed that the plaintiff may withdraw the lawsuit without the consent of the defendant, since the plaintiff's right to demand a dismissal of the lawsuit in

2. According to the records of this case, the defendant filed a defense to the effect that the plaintiff's lawsuit in this case is unlawful because he/she has no interest in the lawsuit, and the plaintiff dismissed the plaintiff's claim on the merits. On May 15, 2015, the plaintiff filed a written withdrawal of the lawsuit in this case with this court on this date. The defendant filed a written withdrawal of the lawsuit in this case with this court on October 15, 2015. As long as the defendant asserted the safety of this case, as long as he/she did not have a principal defense, the defendant tried to dismiss the plaintiff's lawsuit in this case.

Even if the withdrawal of a lawsuit takes effect regardless of the defendant's consent, the lawsuit in this case is terminated by the plaintiff's withdrawal on May 15, 2015, and the defendant submitted a written objection to the plaintiff's withdrawal to the court on June 1, 2015 and submitted the written objection to the plaintiff's withdrawal to the court on June 1, 2015, and the lawsuit in this case has the same appearance as the plaintiff's continuation. Thus, the declaration of termination of the lawsuit

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