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(영문) 수원지방법원안양지원 2020.05.21 2019가단1655
공탁금출급청구권확인
Text

1. The instant lawsuit was concluded on April 2, 2020 as the withdrawal of the lawsuit.

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

Reasons

Article 268 (1) through (3) of the Civil Procedure Act provides the following provisions:

1. The Parties were not present or present at the date of pleading.

Even if no pleading has been made, the presiding judge shall re-determine the date for pleading and notify both parties thereof.

(2) The parties did not appear or appeared at the new date for pleading under paragraph (1) or on the date for pleading opened thereafter.

Even if no pleading has been made, the lawsuit shall be deemed to have been withdrawn if the application for designation of the date has not been filed within one month.

(3) The parties are not present or present at the date of pleading specified by the application for designation of date under paragraph (2), or the subsequent date of pleading.

Even if there is no pleading, the lawsuit shall be deemed to have been withdrawn.

On June 20, 2019, the first date for pleading No. 15:20, June 20, 2019, and 2019, even after the Plaintiff was duly notified by this court of the date.

8. The fact that Defendant C was absent on the second date for pleading on April 22, 200, and was present on each of the above dates for pleading, but did not present, and thereafter, it is evident that the Plaintiff and the Defendants were absent from office on the fifth date for pleading on April 2, 2020 after the Plaintiff filed an application for designation of date.

According to this, the lawsuit of this case is deemed to have been withdrawn on April 2, 2020 due to the absence of three times by both parties, and thus, it is decided as per Disposition by the declaration of termination of the lawsuit.

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