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(영문) 부산지방법원 2019.04.03 2018나42214
용역비
Text

1. The instant lawsuit was concluded on October 24, 2018 as deemed to have been withdrawn from the appeal.

2. After filing an application for designation of the date.

Reasons

1. Facts constituting the following facts are significant or obvious in records in this Court:

① The first instance judgment of this case was sentenced on January 10, 2018, and the Defendant submitted a petition of appeal on January 16, 2018.

② This Court, on June 20, 2018, designated the first date for pleading as the date for pleading, and sent a notice of the date for pleading to the original Defendant.

The defendant was served on May 1, 2018 on the first date for pleading, but did not appear on the first date for pleading.

The plaintiff was present at the date of the first pleading, but did not present.

③ On July 18, 2018, this Court issued a notice of the date for pleading to the Defendant on July 18, 2018.

The defendant was served on June 28, 2018 on the date of the second pleading, but did not appear on the date of the second pleading.

The plaintiff was present, but did not present.

④ On August 19, 2018, the Defendant submitted an application for designation of the date.

This Court, on September 19, 2018, designated the third date for pleading as 14:40, and sent a notice of the date for pleading to the Plaintiff and the Defendant, who was served such notice, was present and present at the third date for pleading.

This Court notified the Plaintiff and the Defendant of the fourth date for pleading on October 24, 2018, which was present at the third date for pleading.

⑤ The Defendant did not appear on the fourth day for pleading, and the Plaintiff did not appear, but did not present.

6. On December 12, 2018, the Defendant submitted an application for designation of the date for pleading.

2. According to Articles 408 and 268(1) through (4) 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 designation of a date shall be made within one month, and if an application for designation of a date is not made within one month, the appeal shall be deemed to have been withdrawn.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 or present at the date of pleading as determined by the above application for designation of date, the appeal shall be deemed to have

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