logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2016.01.13 2015가단8564
손해배상(산)
Text

1. The instant lawsuit was concluded on November 24, 2015 as deemed to have been withdrawn.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. The following facts, recognized, are remarkable or apparent to be recorded in this Court:

This Court, on October 7, 2015, designated the first date for pleading as 10:20 and notified the parties.

Even if the Plaintiff was served on September 16, 2015, the Plaintiff was absent on the date of the first pleading, and the Defendants’ agent present at that time did not present any pleadings.

B. This Court, on October 21, 2015, designated the second date for pleading as 15:00 and notified the parties.

Even if the Plaintiff was served on October 12, 2015, the Plaintiff was absent on the second date for pleading, and the Defendants’ agent present at that time did not present any pleadings.

C. On December 2, 2015, the Plaintiff submitted an application for designation of the date to this court.

2. The judgment parties did not appear or present at the date of pleading on two occasions;

Even if the Plaintiff did not file an application for the designation of a date within one month from the date of pleading, the lawsuit shall be deemed to have been withdrawn (see Article 268(1) and (2) of the Civil Procedure Act). The Plaintiff was absent on the date of pleading twice even after the Plaintiff received legitimate notification from this court, and thus, the Plaintiff filed an application for the designation of a date by November 23, 2015.

(Second, the period from October 21, 2015 to November 21, 2015, which is the date of pleading for the second time, shall be the period from November 21, 2015, but on November 21, 2015, which is the last day of the period, the period shall expire pursuant to Article 170 of the Civil Procedure Act and Article 161 of the Civil Act, since it is necessary on November 21, 2015, which is the date of pleading for the second time. However, since the Plaintiff applied for the designation of the date on December 2, 2015, the Plaintiff’s application for the designation of the date filed does not satisfy the requirements under Article 268(2) of the Civil Procedure Act.

On the other hand, the Plaintiff submitted an application for change of date on each of the date of pleading of this case, and asserted to the effect that the body was unable to appear on the date of pleading.

However, deeming the withdrawal of a lawsuit as a matter of course is an effect arising under law, and is the court or the parties.

arrow