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(영문) 인천지방법원 2014.12.23 2014가단16028
대여금
Text

1. The instant lawsuit was concluded on November 8, 201 as deemed the withdrawal of the lawsuit.

2. The costs of lawsuit after the completion of the lawsuit are individually considered.

Reasons

Although the Plaintiff received the notice of due date from this court, it is evident that he/she was absent on the first date of pleading No. 10:55 on September 23, 2014, and the second date of pleading No. 11:10 on October 7, 2014, and that he/she filed an application for the designation of due date with this court on November 10, 2014, and that he/she was found to have passed one month thereafter.

Article 268 of the Civil Procedure Act provides, “(1) When both parties fail to appear or appear on the date for pleading, but fail to present at the date for pleading, the presiding judge shall re-determine the date for pleading and notify both parties.”

According to the above facts, the instant lawsuit was concluded on November 8, 2014 when one month has elapsed from the date of the second pleading pursuant to Article 268(2) of the Civil Procedure Act due to the Plaintiff’s absence on two occasions, and the failure to file an application for designating the date within one month thereafter.

Therefore, it is decided as per Disposition by declaring the termination of the lawsuit in this case.

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