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1. The plaintiff of the defendant based on the authentic copy of the judgment with executory power in Busan District Court 2014Kadan75253 Goods Sales Cases.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence 1 (including additional numbers), Eul evidence 1, or in full view of the purport of the entire pleadings.
The Defendant filed a lawsuit against the Plaintiff on September 25, 201 by means of public notice (hereinafter “related lawsuit”) with the Busan District Court Decision 201Da75253, Sept. 29, 201, on the ground that: (a) during the period from May 21, 201 to September 27, 201, the Plaintiff completed the repair (renovation) construction of the C-ground Telecom Building; and (b) the purchase and installation of guest rooms, meals, electronic equipment, etc.; and (c) on the ground that part of the price was not paid, the Defendant received money from the said court from the Defendant on September 28, 201 to November 22, 2014 at the rate from the following day to September 25, 2014 (hereinafter “the Plaintiff received money from the Defendant for KRW 55,12,00 and from September 28, 2011 to November 22, 2014”).
B. On June 8, 2015, the Defendant filed an appeal following subsequent completion of procedural acts with the Busan District Court Decision 2015Na7326 on the relevant judgment. On the grounds delineated below on December 15, 2016, the said court rendered a judgment that “the instant lawsuit was deemed to have been withdrawn on October 5, 2016.”
As the Plaintiff and his/her legal representative were absent from office on July 21, 2016 and on September 5, 2016, the date of pleading on July 4, 2016 and the date of pleading on September 5, 2016, the Plaintiff and his/her legal representative were deemed to have withdrawn the Plaintiff’s appeal on October 5, 2016, which was one month from September 1, 2016 pursuant to Articles 408 and 268 of the Civil Procedure Act.
However, since the Plaintiff applied for the designation of the date for pleading on October 11, 2016, it has no effect.
Therefore, the instant lawsuit was concluded on October 5, 2016 as deemed the withdrawal of the Plaintiff’s appeal.
C. The plaintiff is the Supreme Court's decision on the above appellate court.