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(영문) 서울동부지방법원 2015.10.16 2014나7867
계약금
Text

1. The instant lawsuit was concluded on July 30, 2015 as deeming the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

Reasons

Even when the Defendant was served a notice of the date of first pleading on May 21, 2015, but was absent on the date of first pleading on June 8, 2015, and the Plaintiff was not present and present on the date of first pleading, and thereafter, the Plaintiff was absent on June 29, 2015, even when the Defendant was served with the notice of the date of second pleading on June 11, 2015. The Plaintiff was not present and present on the date of second pleading, and the Plaintiff was not present and present on the date of second pleading on June 29, 2015. The fact that the Defendant applied for the designation of date only on August 12, 2015 without filing an application for the designation of date within one month from the date of second pleading is apparent in the record.

According to the above facts, the lawsuit in this case was terminated on July 30, 2015, where one month has elapsed from the date of the second pleading pursuant to Article 268(2) and (4) of the Civil Procedure Act, and on July 30, 2015, the defendant's withdrawal of appeal. Thus, it is so decided as per Disposition by the declaration of termination of the lawsuit in this case.

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