손해배상(기)
1. The instant lawsuit was concluded on September 20, 2018 as the withdrawal of an appeal.
2. After filing an application for designation of the date on September 21, 2018.
1. The following facts are remarkable or obvious in records in this Court:
The judgment of the court of first instance of this case was sentenced on September 7, 2017, and the defendant submitted a petition of appeal on September 21, 2017 after being served with the original copy of the said judgment on September 12, 2017.
B. The Defendant received a notice of the date of the first pleading on November 21, 2017, but was absent on the date of the first pleading ( December 6, 2017) and did not appear, while the Plaintiff was present, but did not make any pleadings.
(Non-Appearance of both parties once).
After that, both the plaintiff and the defendant were present at the date of pleading 2, 3, and 4, and the pleadings continued. This court was lawfully notified the defendant who appeared on the date of pleading 5. However, the defendant was absent on the fifth date of pleading ( August 23, 2018) and the plaintiff was present at the court, but the plaintiff was not present at the court.
(2) In the absence of both parties, d.
The Plaintiff submitted an application to designate the date for pleading on August 28, 2018, and the Defendant received a notice of the sixth date for pleading on September 7, 2018, but was absent on the sixth date for pleading ( September 20, 2018), and the Plaintiff did not present, but did not present.
(Non-Appearance of both parties on 3 occasions).
On September 21, 2018, the defendant submitted an application for designation of the date for pleading.
2. According to Articles 408 and 268(1) through (3) of the Civil Procedure Act, when both parties to an appellate trial pending an appellate trial fail to appear or present at the meeting on two occasions, an application for designation of a fixed date shall be made within one month, and if both parties fail to file an application for designation of a fixed date within one month, the appeal shall be deemed to have been withdrawn. ② Even if both parties are not present or present at the date of pleading as set forth in the above application for designation of a fixed date, the appeal shall also
Therefore, on September 20, 2018, the Defendant’s appeal was deemed to have been withdrawn on September 20, 2018 due to the Defendant’s three-time absence.
I would like to say.
On the other hand.