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1. The instant lawsuit was concluded on December 27, 2019 by the withdrawal of the lawsuit.
2. The costs of lawsuit which have arisen after the completion of the lawsuit shall be classified respectively;
Reasons
1. In a case where the defendant responded that the plaintiff's lawsuit should be dismissed in the first place and the judgment of dismissal of the lawsuit, the defendant's assertion on the merits is a preliminary one in preparation for the case where the main defense is rejected. Thus, the plaintiff can withdraw the lawsuit without the defendant's consent under Article 266 (2) of the Civil Procedure Act.
According to the records of this case on September 17, 1968 (see Supreme Court Decision 67Nu77, Sept. 17, 1968). 2. The defendant submitted a written answer on November 2, 2018, and responded that the lawsuit should be dismissed as there is no benefit of confirmation, and the conjunctive claim of the plaintiff should be dismissed as the plaintiff's claim is groundless.
However, the Defendant stated that the “responding to the purport of the claim” as stated in the “responding “responding to the claim” as stated in the “responding to the main claim,” but this does not conform to the logical order by which the Defendant asserted or determined the Defendant’s defense, and the “responding to the cause of the claim” as stated in the “responding to the “responding to the claim” did not meet the requirements. As such, the order of the “responding to the purport of the claim” is deemed as clerical error.
After that, the plaintiff submitted a written withdrawal of the lawsuit on December 27, 2019, and the defendant submitted a written consent to the withdrawal of the lawsuit on January 14, 2020.
As long as the defendant has changed the main safety defense of the lawsuit, the defendant sought dismissal of the claim on the merits together with the main safety defense.
Even if the plaintiff's written withdrawal of a lawsuit is the result of the immediate withdrawal of the lawsuit regardless of the defendant's consent, it shall be deemed that the plaintiff's withdrawal of the lawsuit in this case was terminated on December 27, 2019.
Nevertheless, on January 14, 2020, after the defendant submitted the plaintiff's written withdrawal of the lawsuit, the defendant submitted a written consent to the withdrawal of the lawsuit to this court.