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(영문) 대구지방법원 2019.05.30 2018가단21712
공사대금
Text

1. The instant lawsuit was concluded on April 16, 2019 as the withdrawal of the lawsuit.

2. The Plaintiff’s application to designate the date of April 17, 2019.

Reasons

① On February 21, 2019, the fifth date for pleading, the Plaintiff was absent on March 14, 2019, which was the sixth date for pleading, respectively. The fact that the Defendant was present at all on the said date for pleading but did not present at the pleading is apparent in the record.

However, the Plaintiff did not file an application for a fixed date on April 16, 2019, which is the next day, within one month from the date of the second absence (this case is a holiday on Sundays 14, 2019, since it is the last seal, until April 15, 2019), and thus, the Plaintiff’s lawsuit in this case was deemed to have been withdrawn on April 16, 2019, which is the day following the expiration of the said period, pursuant to Article 268(2) of the Civil Procedure Act.

Nevertheless, the Plaintiff later filed an application for the designation of the date later on April 17, 2019, and thus, it is declared that the instant lawsuit was terminated as of April 16, 2019 as the order.

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