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(영문) 서울중앙지방법원 2015.03.11 2014가합39324
공사대금
Text

1. The instant lawsuit was concluded on December 13, 201 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. The following facts are clear by records:

The notice of the date of pleading as to the date of the first pleading ( October 10, 2014) and the date of the second pleading ( November 12, 2014) of the instant case was served lawfully on September 12, 2014 and October 15, 2014, respectively, on the date of pleading B, 104, Dong 1005, which is the Plaintiff’s domicile. However, the Plaintiff was absent from office on the date of pleading 1 and 2, and the Defendant’s attorney did not present at each time, but did not present.

B. On December 24, 2014, the Plaintiff applied for the designation of the date.

2. Determination

(a) the Parties were not present or present at the date of pleading on two occasions;

Even if an application for designating a date is not filed within one month after the pleading is not made, or if both parties do not appear or present again on the date of pleading determined by the application for designating the date, the lawsuit shall be deemed to have been withdrawn (Article 268(1), (2), and (3) of the Civil Procedure Act).

Examining the case back to this case, the Plaintiff and the Defendant did not appear or appeared on the date of the first and second pleadings as seen earlier.

Even if there was no pleading, and since the Plaintiff applied for the designation of date after the lapse of one month thereafter, the instant lawsuit was concluded on November 12, 2014, which was the date of the second pleading, as deemed the withdrawal of the lawsuit on December 13, 2014.

C. Circumstances that the Plaintiff did not know the content of the above provision of the Civil Procedure Act cannot serve as a legal basis for continuing the pleadings of this case.

3. In conclusion, the instant lawsuit was already concluded as deemed to have been withdrawn.

Since the declaration of termination of a lawsuit is made, it is decided as per the disposition.

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