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(영문) 수원지방법원 2017.04.14 2016나57427

양수금

Text

1. The instant lawsuit was concluded on January 24, 201 as deeming the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

Reasons

The defendant is dissatisfied with the judgment of the first instance court on May 9, 2016 and filed the appeal in this case; the defendant was not present at the date of the first instance trial on December 9, 2016 and on the date of the second instance on December 23, 2016, the notice of the date of pleading on the date of the second instance trial on December 23, 2016; the plaintiff's attorney was present at the date of the first instance trial on the date of the second instance trial but did not present at the hearing on the date of the second instance trial; the fact that the defendant filed an application for designation of the date of pleading on February 17, 2017 after one month from the date of the second instance trial on the date of the second instance trial on the date of pleading on the date of each record is evident.

Thus, pursuant to Article 268 of the Civil Procedure Act, the Defendant’s appeal of this case was concluded on January 24, 2017, after one month from December 23, 2016, which was the second date for pleading, as deemed to have been withdrawn from the appeal.

As such, a declaration of termination of a lawsuit is made.