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(영문) 서울중앙지방법원 2016.08.31 2016나6544
손해배상(자)
Text

1. The instant case was concluded on August 15, 2016 as the withdrawal of the Defendant’s appeal.

2. After the completion of the instant lawsuit.

Reasons

According to the records, the original judgment of the first instance court rendered by the Defendant on December 31, 2015 was served on January 5, 2016 and filed an appeal on January 19, 2016; and the court of the first instance issued the Defendant a notice of the date for preparatory pleading on May 27, 2016 but returned to the Plaintiff’s unknown director, the first notice of the date for preparatory pleading on June 7, 2016 was sent and sent to the same month.

8. The fact that the service of the notice of the date for preparatory pleading against the Defendant was deemed to have been made; the fact that the Defendant was not present at the date for preparatory pleading of the first instance trial held on June 20, 2016; the court of the first instance served the notice to the Defendant on June 20, 2016; and the fact that the Defendant failed to file an application for designation of the date for preparatory pleading of the second instance trial until August 15, 2016, which was first held on July 15, 2016, when the second notice of the date for preparatory pleading was sent to the Defendant on June 28, 2016 and again returned to the Plaintiff’s unknown director.

According to the above facts, the lawsuit of this case is deemed to have been concluded on August 15, 2016, where the defendant did not attend the date for preparatory pleading and did not file an application for designation of the date within one month thereafter, and the defendant's appeal of this case is deemed to have been withdrawn on August 15, 2016 pursuant to Articles 286 and 268 (4) and (2) of the Civil Procedure Act by failing to file an application for designation of the date for preparatory pleading within one month thereafter.

If so, it is so decided as per Disposition by the declaration of termination of the lawsuit in this case.

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