부당이득금
On June 15, 2020, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s appeal.
The plaintiff on October 6, 2020.
1. The following facts shall be apparent or obvious to the court in fact of recognition:
The Plaintiff appealed on December 5, 2019 against the first instance judgment.
B. On April 23, 2020, this Court served a notice of the date of pleading on the date of the second pleading on April 23, 2020 on the Plaintiff, but did not serve the notice by means of dispatch on April 17, 2020, and was deemed to have been served on the same day.
The plaintiff was absent on the second day for pleading, and the defendant's attorney was present, but did not present.
C. On May 14, 2020, this Court served a notice of the date of pleading on the third date for pleading on the Plaintiff, and served the notice of the date of pleading on April 29, 2020, which was not served by the absence of the text, and served on May 1, 2020.
The plaintiff was absent on the third day for pleading, and the defendant's attorney was present, but did not present.
On October 6, 2020, after one month from the third date for pleading, the Plaintiff submitted an application for designation of the date to this court.
2. Determination
A. According to Articles 408 and 268(1) and 268(2) of the Civil Procedure Act, where both parties to an appellate trial have failed to appear or present at the meeting on two occasions during the period of the appellate trial, if both parties have failed to appear or present at the meeting, an application for designation of the date shall be made within one month, and if no application for designation of the date
When a party has been absent or withdrawn from the court two times on the date for pleading, the effects to be regarded as withdrawal or withdrawal of an appeal shall naturally arise, and shall not be arbitrarily handled in accordance with the discretion of the court, the details of the litigation case, and Jindo-do.
(See Supreme Court Decision 81Da94 delivered on October 12, 1982, etc.). B.
According to the above facts, the plaintiff, who is the appellant, was absent on the date of the second and third pleadings, and did not apply for the designation of the date within 1 month from May 14, 2020, which is the date of the third pleading.