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1. The instant lawsuit was concluded on November 8, 2018 by the Defendants’ failure to file a petition.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
When the parties have entered in the written defence and other briefs, which are deemed to have stated, an expression of intent of recognition of the claim, and are authenticated by a notarial office, it shall be deemed that an recognition and acceptance of the claim has been constituted pursuant to such purports (Article 148(2) of the Civil Procedure Act). When the recognition and acceptance of claim is entered in the pleading protocol, it shall have the same effect as the judgment of recognition, and thereby, the lawsuit is terminated, and if a lawsuit is proceeded, notwithstanding the fact that the recognition and acceptance of the claim has been entered in the
(See Supreme Court Decision 62Ma6 Decided June 14, 1962). The Defendants submitted the reply authenticated by a notarial office dated November 1, 2018 and November 5, 2018, stating that “the Plaintiff’s claim shall be accepted.” On November 8, 2018, the fact that the Defendants were unable to appear on the fourth date for pleading of the first instance court, and each of the above answers was presented as a written statement is apparent in the record.
According to the above facts, it can be seen that the Defendants deemed that the instant claim was accepted on November 8, 2018.
Therefore, the instant lawsuit was concluded by entering its purpose on November 8, 2018 in the pleading protocol, so it is so decided as per Disposition.