채무부존재확인
1. The instant lawsuit was concluded on October 13, 2020 as deeming the withdrawal of the Defendant’s appeal.
2. The defendant dated October 19, 2020.
1. Facts under recognition are significant or obvious in records in this court;
① The judgment of the first instance court of this case was pronounced on December 23, 2019, and the Defendant filed an appeal on December 23, 2019.
② On May 22, 2020, the Defendant was present at the date of the first pleading in this Court, and was notified on June 12, 2020 by this Court that the second date of pleading was 14:50, but did not appear on the second date of pleading. The Plaintiffs’ legal representative was present at the second date of pleading, but did not present at the second date of pleading.
③ On July 17, 2020, the Defendant was present at the third date for pleading in this Court, and was notified on September 11, 2020 by this Court that the fourth date for pleading was 1:20, but did not appear at the fourth date for pleading. The Plaintiffs’ attorney was present at the fourth date for pleading, but did not present at the fourth date for pleading.
④ On October 19, 2020, the Defendant submitted an application for designation of the date.
2. According to Article 268 of the Civil Procedure Act, where both parties to an appellate trial have been absent or have not present at the date of pleading two times during the proceeding of the appellate trial, if both parties have failed to apply for the designation of date within one month from the date of pleading in which they have been absent, or have failed to present at the date determined by the application for designation of date, or even if both parties have failed to appear at the designated date, the appeal shall be deemed withdrawn
According to the above facts, the defendant was absent on the date of the second and fourth pleadings, and the defendant did not present the plaintiffs' legal representative at the meeting. The defendant did not file an application for designating a date within 1 month from September 11, 2020, which is the fourth date of pleading (as it is Sundays on October 11, 2020, the defendant should have filed an application for designating a date until October 12, 2020), and the lawsuit of this case was terminated as the withdrawal of appeal on October 13, 2020.
3. Accordingly, the instant lawsuit has been concluded on October 13, 2020 as deemed to have been withdrawn by the Defendant.