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(영문) 대전지방법원 2018.03.27 2017가단225418
청구이의
Text

1. The instant lawsuit was concluded on January 16, 2018 by the Defendant’s defeat.

2. The costs of the lawsuit after the claimant's death.

Reasons

1. The failure of an appellant is an unilateral declaration of intent to the court against which the defendant has a reasonable cause for the plaintiff's lawsuit, and in principle, to make an oral statement on the date for pleading or the date for preparatory pleading. When the parties fail to appear or present at the court on the date for preparatory pleading but do not present on the merits, the parties may order the other party present at the court by deeming that the statement in the complaint, reply and other briefs submitted by him/her is stated, and when the parties concerned state their stated in such written response and other briefs, and when the parties have obtained an authentication by a notarial office, the waiver or recognition of the claim shall be deemed as

(2) On November 20, 2017, the Plaintiff filed a lawsuit of this case against the Defendant on November 20, 2017, where a notary public against the Plaintiff filed a lawsuit of this case seeking the refusal of compulsory execution based on the original copy of the said authentic deed due to the repayment of monetary claims on the No. 4942 of October 4, 2016, which was made by the Defendant against the Defendant on October 20, 2016, and the Defendant’s claim was entirely accepted on November 24, 2017, as to the response stating the purport that the Plaintiff’s claim is entirely accepted on November 24, 2017, it is evident that the notary public obtained authentication No. 4555 on November 23, 2017 and submitted it to this court. The above reply is made on the date of pleading on January 16, 2018.

Therefore, as the above reply was made on the first day for pleading, the failure of the claimant to the claim of this case was established.

3. If so, the instant lawsuit was terminated on January 16, 2018 by the Defendant’s failure to file a petition, and thus, the declaration of termination of the lawsuit is to be made.

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