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(영문) 인천지방법원부천지원 2016.04.28 2014가단11699
기타(금전)
Text

1. The instant lawsuit between the Plaintiffs and the Defendant was concluded as the withdrawal of the lawsuit on November 12, 2015.

2. The case.

Reasons

1. We examine the plaintiffs' lawsuits of this case ex officio.

According to Article 268(1) and (2) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, the date shall be set upon an application for designating the date by the parties. However, if the court designates ex officio a new date, the date shall be set by an application for designating the date. The same shall apply where both parties are in attendance or present at the subsequent date. As such, if both parties fail to appear or present at the meeting on the date set ex officio or on the subsequent date, the withdrawal of

(See Supreme Court Decision 2001Da60491 Decided July 26, 2002). The Plaintiffs were present at the preparatory proceedings for pleadings on August 20, 2014 and was notified of the date for the first pleading on September 23, 2014, but did not appear on the date for the first pleading opened on September 23, 2014. Even if they were notified of the date for the fifth pleading on August 25, 2015, the Plaintiffs did not appear on the fifth hearing opened on October 10:30 on October 15, 2015.

Since then, the court designated the sixth date for pleading as 11:00 on November 12, 2015, and sent a notice of the date for pleading to the Plaintiffs on October 15, 2015, and the Plaintiffs did not appear on the sixth date for pleading even when they were served with the said notice on the same day.

On the other hand, the defendant was not present at each of the above 1 and 5th legal dates for pleading, and it is evident that he was present on the six legal dates for pleading, but did not present any pleading.

Therefore, the instant lawsuit is deemed to have been withdrawn due to the absence of three times by both parties. As such, the instant lawsuit was concluded upon withdrawal of the lawsuit as of November 12, 2015.

2. In conclusion, since the lawsuit of this case between the plaintiff and the defendant is terminated as the withdrawal of lawsuit, the declaration of termination of lawsuit shall be made, and it is so decided as per Disposition.

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