logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.23 2014가합16802
손해배상
Text

1. The instant lawsuit was concluded on November 5, 2014 by the Plaintiff’s withdrawal of the lawsuit.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

On November 5, 2014, the Plaintiff submitted a written withdrawal of the instant lawsuit, stating the declaration of intent to withdraw the lawsuit, and all of the documents were served on the Defendants.

Nevertheless, the Defendants did not raise any objection until two weeks expire.

Therefore, the instant lawsuit was terminated due to the withdrawal of the Plaintiff’s lawsuit.

(See Article 266 of the Civil Procedure Act). Accordingly, the plaintiff asserts that the director G withdraws from the status of an individual who is not the representative, and that even if it is deemed the withdrawal of the plaintiff's lawsuit, it was withdrawn prior to the occurrence of the validity of the withdrawal of the lawsuit.

However, in light of the contents of the written withdrawal of a lawsuit, G is deemed to have withdrawn the lawsuit of this case on behalf of the Plaintiff as the representative of the Plaintiff (if a written withdrawal of a lawsuit made by G is submitted, the withdrawal of the lawsuit becomes effective as long as the written withdrawal of the lawsuit was submitted by the intention of G, even if the written withdrawal of the lawsuit was not used as a registered corporate seal), and as long as the written withdrawal of a legitimate lawsuit has been submitted, the Plaintiff

(See Supreme Court Decision 97Da6124 delivered on June 27, 1997, etc.). Accordingly, the Plaintiff’s assertion is rejected.

Thus, since the lawsuit in this case was terminated by the withdrawal of the lawsuit from November 5, 2014 by the plaintiff, the declaration of termination of the lawsuit in this case shall be made.

arrow