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1. The instant lawsuit was concluded on March 31, 2018 as the withdrawal of the lawsuit.
2. The Plaintiff’s litigation costs after the completion of the lawsuit.
Reasons
Plaintiff
On March 29, 2018, the Plaintiff and the Defendant submitted the written withdrawal of the lawsuit on March 15, 2018, upon the formation of an agreement between the Plaintiff and the Defendant, but the Defendant did not perform the agreed terms, and thus the withdrawal of the lawsuit is withdrawn.
“After submitting a written withdrawal of withdrawal of a lawsuit,” on April 10, 2018, this Court submitted a written withdrawal of withdrawal of the lawsuit prior to the closure of the lawsuit in this case, and submitted the date of application for designation to this Court.
The withdrawal of a lawsuit by the plaintiff is the litigation against the plaintiff's court to extinguish the continuation of the lawsuit by withdrawing the lawsuit filed by the plaintiff, and the plaintiff may not withdraw it at his/her own discretion without asking the other party before and after the service of the document, unless the written withdrawal of the lawsuit
(Supreme Court Decision 97Da6124 Decided June 27, 1997). The Plaintiff’s attorney submitted to the court a written withdrawal of the entire lawsuit in this case on March 15, 2018, and on March 16, 2018, the written withdrawal was served on the Defendant’s attorney, and the fact that no objection against the withdrawal was raised from the Defendant or Defendant’s attorney for the lapse of two weeks is apparent in the record. Thus, the instant lawsuit was terminated as of March 31, 2018, which was the date following the second week from March 16, 2018, and even if the Plaintiff submitted the written withdrawal to the court on March 29, 2018, it was invalid in light of the aforementioned legal principles.
Although this case has been terminated by the withdrawal of lawsuit on March 31, 2018, the Plaintiff’s legal representative disputing its validity and filed an application for designation of date. Therefore, it is so decided as per Disposition by the Plaintiff’s legal representative.