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(영문) 서울동부지방법원 2016.04.26 2015가단28907
임대차보증금
Text

1. The Plaintiff’s instant lawsuit against the Defendants was concluded on January 19, 2016 as the withdrawal of the lawsuit.

2...

Reasons

1. According to the records of recognition, the following facts can be acknowledged.

While the Plaintiff and the Defendants were notified of legitimate date for pleading by this Court, they did not appear on the date for the second pleading opened on December 8, 2015, and on the third pleading opened on December 22, 2015, and on December 11:40, 2015.

B. After that, the Plaintiff filed an application for the designation of the date on December 23, 2015, and this court notified the Plaintiff and the Defendants of the legitimate date for pleading, but the Plaintiff and the Defendants did not appear respectively on the fourth date for pleading opened on January 19, 2016, even after being notified of the legitimate date for pleading.

2. According to the above facts of recognition, the Plaintiff and the Defendants were absent on three occasions on the same date for pleading even after being notified of lawful date. This constitutes three absences of both the Plaintiff and the Defendants, and thus, the instant lawsuit was terminated on January 19, 2016 by deeming the withdrawal of the lawsuit in accordance with Article 268(3) and (2) of the Civil Procedure Act.

3. If so, the Plaintiff’s instant lawsuit against the Defendants was concluded as a withdrawal of the lawsuit on January 19, 2016, and thus, the declaration of termination of the lawsuit is to be made.

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