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(영문) 광주지방법원 2020.09.18 2018가단28599
물품대금
Text

1. The instant lawsuit was concluded on August 21, 2020 as deemed the withdrawal of the lawsuit.

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

Reasons

1. The following facts are obvious to be recorded:

This Court, on August 23, 2019, designated the fourth date for pleading as of September 27, 2019 on the third date for pleading, and notified the Plaintiff’s legal representative thereof, but the Plaintiff and the Plaintiff’s legal representative were not present on the fourth date for pleading, and the Defendant did not present but present on the third date for pleading.

After the pleading, this court, while proceeding on May 15, 2020, designated the seventh date for pleading as the date for pleading on June 19, 2020 and notified the Plaintiff’s legal representative of the Plaintiff’s legal representative on June 19, 2020. However, the Plaintiff and the Plaintiff’s legal representative did not appear on the seventh date for pleading, and the Defendant did not appear on the date for pleading, but did not pleading.

This Court issued ex officio a notice of the date of pleading to the Plaintiff on August 21, 2020 by setting the date of pleading for the eighth (14:00 on August 21, 2020), but the Plaintiff and the Plaintiff’s legal representative did not appear on the date of pleading for the eighth (20) although they were lawfully served with the notice of the date of pleading

2. According to the facts found above, the plaintiff and the plaintiff's legal representative were absent on three occasions on the date of pleading even after being notified of lawful date, and the defendant did not appear on each of the above dates of pleading, which constitutes the absence of two parties, and thus, the lawsuit of this case between the plaintiff and the defendant was terminated on August 21, 2020, pursuant to Article 268 (3) of the Civil Procedure Act.

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3. Accordingly, the instant lawsuit between the Plaintiff and the Defendant was concluded on August 21, 2020 as deemed the withdrawal of the lawsuit.

As such, pursuant to Article 268 of the Civil Procedure Act and Articles 68 and 67(3) of the Rules of Civil Procedure, a decision is made to declare the termination of a lawsuit, and it is so decided as per Disposition.

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