1. The instant lawsuit was concluded on November 5, 2019 by the Plaintiff’s withdrawal of the appeal.

2. After the costs of appeal and the proceedings are completed.

1. Determination as to whether the Plaintiff’s appeal was withdrawn

(a) Fact-finding is clear that the facts below are recorded;

1) After having been sentenced to the judgment of the first instance on June 17, 2019, the Plaintiff submitted the petition of appeal to the court of first instance on June 25, 2019, which is the period for filing the appeal. (2) The Plaintiff submitted the written withdrawal of appeal to the court of first instance on November 5, 2019, after the period for filing the appeal expires, and submitted the written withdrawal of appeal to the court on November 6, 2019. On December 9, 2019, the Plaintiff presented a written statement of the reason for withdrawal of appeal to the Defendant’s intent to pay the agreed amount if the appeal is withdrawn, and submitted the written withdrawal of appeal to the Defendant on November 5, 2019.

B. The Plaintiff asserts that the withdrawal of an appeal from November 5, 2019 was caused by the Defendant’s deception, and that the withdrawal of an appeal from November 5, 2019 was revoked or withdrawn.

However, it is clear that the appeal which has been withdrawn is a unilateral litigation by the appellant who has filed an appeal to terminate the proceedings of the appellate court. Thus, the provisions concerning legal acts under the Civil Procedure Act cannot be applied to the litigation acts under the Civil Procedure Act, unless there are any special provisions or special circumstances. Therefore, the revocation or withdrawal cannot be asserted on the grounds of defects in the declaration of intention,

(See Supreme Court Decision 2004Da42968 Decided November 12, 2004, etc.). Therefore, even if the Plaintiff submitted a written withdrawal of an appeal as of November 5, 2019 by mistake, it cannot be revoked or withdrawn. Thus, the Plaintiff’s assertion is without merit.

2. As such, the instant lawsuit was concluded on November 5, 2019, and the withdrawal of the Plaintiff’s appeal, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.