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(영문) 대구지방법원안동지원 2017.06.14 2016가단4594
공사대금 등
Text

1. The instant lawsuit was concluded on May 9, 201 as deemed the withdrawal of the lawsuit.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

Reasons

According to Article 268(1) and (2) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, they shall apply for designation of a date within one month, and if they fail to apply for designation of a date within one month, they shall be deemed to have withdrawn the lawsuit.

However, even if the plaintiff was notified of the legitimate date from this court, on March 22, 2017, the plaintiff was absent on the date of the second pleading of 10:30 on March 22, 2017 and the third pleading of 11:45 on April 5, 2017. The defendant was present on each of the above dates for pleading, but did not state his/her opinion. The fact that the plaintiff filed an application for resumption of pleading on May 16, 2017, which is apparent that the period of one month from the third pleading was expired.

Therefore, the instant lawsuit was deemed to have been withdrawn as of May 9, 2017 due to the Plaintiff’s second absence, and thereafter, the Plaintiff filed an application for resumption of pleadings to the effect that the Plaintiff would dispute the validity of the deemed withdrawal of the lawsuit on May 16, 2017 (see, e.g., Supreme Court Decision 2007Da15488, May 16, 201). Accordingly, the instant lawsuit is decided as

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