손해배상(기)
1. The instant lawsuit was concluded on August 28, 2019 as deemed the withdrawal of an appeal.
2. After filing an application to designate a date on September 25, 2019.
1. The following facts of the details of the withdrawal of the lawsuit shall be apparent or clearly recorded in this court:
On November 23, 2017, the Plaintiff filed a lawsuit against the Defendant for damages as Seoul Northern District Court 2017Kadan13906, and was sentenced to the first instance judgment that dismissed the Plaintiff’s claim against the Defendant on January 16, 2019.
The plaintiff appealed against the judgment of the court of first instance.
B. Although the Plaintiff was served with the notice of the date for preparatory pleading on April 30, 2019, the Plaintiff was absent on June 14, 2019, and the Defendant did not appear on the date for preparatory pleading of the first time.
C. The Plaintiff was served with the notice of the date for preparatory pleading on June 25, 2019, but was absent on July 17, 2019, and the Defendant did not appear on the date for preparatory pleading of the second time.
Although the Plaintiff was served a notice of the date for preparatory pleading on July 25, 2019, the Plaintiff was absent on August 28, 2019, and the Defendant’s attorney appeared during the third date for preparatory pleading, but did not present at the third date for preparatory pleading.
E. On September 25, 2019, the Plaintiff submitted an application for designation of the date.
2. Determination
A. When both parties have failed to appear or present at the court of appeal on two occasions during the proceeding, if they have failed to file an application for designating a date within one month, or if both parties have failed to appear or present at the date of pleading as determined by the application for designating a date, or on the subsequent date of pleading, the appeal shall be deemed to have been withdrawn (Article 268 of the Civil Procedure Act).
According to the above Paragraph 1, the Plaintiff’s lawsuit against the Defendant was concluded on August 28, 2019 due to the Plaintiff’s absence of the date for preparatory pleading on three occasions on August 28, 2019, and the Plaintiff’s application for designation on September 25, 2019 submitted by the Plaintiff was submitted three times after the Plaintiff was absent, and such application does not affect the effect of the withdrawal of appeal.
3. Conclusion.