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(영문) 서울고등법원 2016.07.22 2015나27974
차용금
Text

1. The instant lawsuit was concluded on April 19, 2016 by the Defendants’ withdrawal of the appeal.

2. After filing an appeal.

Reasons

1. The facts below the facts of recognition are clear in the records. A.

The Defendants filed an appeal to this court against the judgment of the first instance.

B. On March 4, 2016, the date for pleading of the first instance trial, the Defendants were absent from the service of the notice of the date for pleading on March 4, 2016, and on March 18, 2016, the date for pleading of the second instance, the date for pleading was lawfully delivered.

C. The Plaintiff was present at each of the above dates for pleading, but did not present.

The Defendants applied for the designation of the date on May 11, 2016.

2. According to the above facts of recognition, the instant lawsuit was deemed to have been withdrawn by the Defendants on April 19, 2016, one month after the date of the second pleading pursuant to Articles 408 and 268 of the Civil Procedure Act, and the Defendants’ request for designation of the date on May 11, 2016 was made two times after the lapse of one month after the Defendants were absent, and thus, is null and void.

3. Accordingly, the instant lawsuit was concluded as deemed to be the withdrawal of the Defendants’ appeal. As such, the Defendants are disputing the request for designation of the date again, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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