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(영문) 대구지방법원 김천지원 2018.03.08 2017가단3815
임대차보증금반환
Text

1. The instant lawsuit was concluded on January 8, 2018 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the application for resumption of pleadings.

Reasons

1. The facts below the facts of recognition are apparent or obvious to this court in the records.

This Court designated the first date for pleading on November 9, 2017 as the first date for pleading, and the first date for pleading was legally served on the Plaintiff’s employee on September 12, 2017, but the Plaintiff did not appear on the first date for pleading, and the Defendant did not appear on the first date for pleading of this case.

B. On December 7, 2017, the instant court designated the date for the second pleading as the date for the second pleading on December 14, 2017. The notice of the date for the second pleading was lawfully served on the Plaintiff’s employee on November 14, 2017, but the Plaintiff did not appear on the date for the second pleading, and the Defendant did not appear on the date for the second pleading of this case.

C. On January 16, 2018, the Plaintiff submitted the “application for resumption of pleadings” to the effect that it applies for designation of the date for pleading of this case.

2. Whether the instant lawsuit was completed

(a) the Parties were not present or present at the date of pleading on two occasions;

Even if an application for designating a date is not filed within one month after the pleading is not made, or if both parties do not appear or present again on the date of pleading determined by the application for designating the date, the lawsuit shall be deemed to have been withdrawn (Article 268(1), (2), and (3) of the Civil Procedure Act).

The Plaintiff and the Defendant did not appear on the date of pleading 1 and 2 of the instant case, and the Plaintiff applied for the designation of the date on January 16, 2018, which was one month after the date of the second pleading of the instant case, and the instant lawsuit was concluded on January 8, 2018 when one month from December 7, 2017, which was the date of the second pleading of the instant case, was deemed to have been withdrawn.

3. In conclusion, this case's lawsuit has been concluded as the withdrawal of lawsuit, and thus, the termination of lawsuit is declared.

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