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(영문) 인천지방법원 2019.09.26 2019가단228130
배당이의
Text

1. The instant lawsuit was concluded on July 18, 2019 as the withdrawal of the lawsuit.

2. The costs of lawsuit after the completion of the lawsuit are individually considered.

Reasons

1. Powers of attorney shall be attested in writing;

(Article 89(1) of the Civil Procedure Act. A person who is the Plaintiff’s manager was present at the first date for pleading on July 18, 2019, but did not submit a record on the register of juristic persons and did not attend it on the day before the date for pleading, and was treated as the Plaintiff’s absence.

The plaintiff submitted the corporate register to the court on the day after the date of pleading expires.

2. When a person who has an objection to the distribution fails to appear on the first date for pleading of a lawsuit of demurrer against the distribution, the lawsuit shall be deemed to have been withdrawn (Article 158 of the Civil Execution Act). Meanwhile, where it is found that the lawsuit has been excessive and that the trial has been continued, the court shall ex officio make

(see Supreme Court Decision 2010Da103048, Apr. 28, 2011). The fact that the Plaintiff was not present on the first date for pleading opened on July 18, 2019, even when the Plaintiff was notified by the court of legitimate date for pleading regarding the instant case, is as seen earlier.

Therefore, the instant lawsuit is deemed to have been withdrawn by the Plaintiff on July 18, 2019, and even if the court has set a continuing date by imposing excessive amounts, the effect of the deeming lawsuit is not extinguished.

3. It is so decided as per Disposition by the declaration of the termination of the lawsuit in order to clarify the termination of the lawsuit in this case.

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