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(영문) 수원지방법원 2019.11.07 2018나9286
손해배상(기)
Text

1. The instant lawsuit was concluded on August 6, 2019 as the withdrawal of an appeal.

2. After filing an application to designate a date on September 4, 2019.

Reasons

1. The following facts shall be apparent or clearly recorded in this Court:

The first instance judgment of this case was sentenced on July 13, 2018, and the Plaintiff served the original copy of the said judgment on July 18, 2018, and submitted a petition of appeal on July 25, 2018.

B. On June 11, 2019, this Court issued a notice of the date for pleading to the Plaintiff, designating the first date for pleading as at June 11, 2019.

On May 3, 2019, the Plaintiff received a notice of the first date for pleading on May 3, 2019, but did not appear on the first date for pleading, and the Defendant did not appear on the first date for pleading, but did not present.

C. On July 4, 2019, this Court issued a notice of the date for pleading to the Plaintiff, designating the second date for pleading as the date for pleading on July 4, 2019.

On June 18, 2019, the Plaintiff served a notice of the second date for pleading on June 18, 2019, and the Plaintiff and the Defendant did not appear on the second date for pleading.

On August 4, 2019, the Plaintiff failed to file an application for designation of the date within one month from the date of the second pleading, and on September 4, 2019, submitted an application for designation of the date on which a declaration of intent to be designated as the date of pleading was stated.

2. According to Articles 408 and 268(1) through (3) of the Civil Procedure Act, when both parties to an appellate trial pending an appellate trial fail to appear or present at the meeting on two occasions, an application for designating a date shall be made within one month, and if an application for designating a date is not made within one month, the appeal shall be deemed to have been withdrawn. ② Even if both parties are not present at the date of pleading or present at the subsequent date of pleading, the appeal shall also be deemed to have been withdrawn.

Therefore, the instant lawsuit was concluded on August 6, 2019 by deeming that the Plaintiff’s appeal was withdrawn.

On the other hand, such withdrawal of an appeal may not be determined by the court or the parties' intent as a matter of law, which is naturally derived from the fulfillment of the above requirements.

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