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(영문) 서울동부지방법원 2017.08.22 2016가단127245
손해배상(기)
Text

1. The Plaintiff’s instant lawsuit against the Defendant was concluded on June 27, 2017 as the withdrawal of the lawsuit.

2. Of the costs of lawsuit.

Reasons

According to Article 268(1) through (3) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, a request for designation of date shall be made within one month, and if a request for designation of date is not made within one month, the lawsuit shall be deemed to have been withdrawn. ② If both parties fail to appear or present at the hearing on the date specified in the above request for designation of date, the lawsuit shall also be deemed to have been withdrawn.

The Plaintiff filed an application for designation of a date of pleading with the second date of pleading opened on December 13, 2016, in the second date of pleading opened on March 21, 2016, and the fourth date of pleading opened on March 21, 2017, in the fourth date of pleading opened on March 21, 2017. The Plaintiff thereafter failed to appear on the seventh date of pleading opened on June 14:50, 2017, and the fact that the Defendant was not present on the said date of pleading is obvious on the record.

Therefore, the instant lawsuit was concluded as of June 27, 2017 due to the Plaintiff’s three absences.

Therefore, the plaintiff's application for designating the date on June 27, 2017, disputing the validity of the deemed withdrawal of the lawsuit, and it is so decided as per Disposition.

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