beta
Text
The instant lawsuit was terminated on July 16, 2020 by the withdrawal of the lawsuit.
The costs of the lawsuit after the request for fixed date are filed by the defendant.
Reasons
1. Article 266(2) of the Civil Procedure Act provides that "if the other party to a lawsuit submits a preparatory document as to the merits or makes any statement or pleading at the preparatory date for pleading on the merits, it shall be effective to obtain the consent of the other party." Thus, if the defendant requests a judgment of rejection of the lawsuit in the course of submitting a defense prior to the merits, 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 in cases where the defendant requested the dismissal of the lawsuit prior to the merits as a defense prior to the merits, seeking a dismissal of the claim on the merits is sought in preparation for the case where the previous defense prior to the merits is groundless, and thus, the plaintiff
[See Supreme Court Decisions 209Meu1861 Decided July 22, 2010, 2009Meu1878 (Counterclaim), Supreme Court Decision 2002Da35775 Decided October 11, 2002, and Supreme Court Decision 68Da217, and 218 Decided April 23, 1968, etc.] 2. According to the records of this case, the defendant, in this case, stated that "the plaintiff's claim of this case shall be dismissed as it does not fall under a legal action, and shall be dismissed as it does not fall under the qualification for a claim." In addition, it is recognized that the plaintiff submitted a written withdrawal of lawsuit to this court on July 16, 202.
As above, the Defendant sought dismissal of the merits as to the Plaintiff’s lawsuit of this case, so long as the Defendant asserted prior to the merits.
Even if the plaintiff's written withdrawal of a lawsuit is deemed to have been effective regardless of the defendant's consent, the lawsuit in this case was terminated on July 16, 2020 as the plaintiff's written withdrawal of the lawsuit.
Nevertheless, on July 25, 2020, after the Defendant submitted the Plaintiff’s written withdrawal of the lawsuit, the instant lawsuit continues by submitting written consent to the withdrawal of the lawsuit to this court and filing an application for designation of the date.