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(영문) 대전지방법원 2019.02.15 2018나3999
부당이득금반환
Text

1. On December 17, 2018, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal.

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

Reasons

1. The following facts are apparent in the records of recognition:

The defendant filed an appeal against the judgment of the first instance on May 31, 2018.

B. The court issued a notice of the date for pleading to the Defendant on October 26, 2018, designating the first date for pleading as the date for pleading on October 26, 2018, but the Defendant did not appear on the first date for pleading even though the said notice was served, and the Plaintiff did not appear on the first date for pleading, but did not appear on the first date

C. The instant court, on November 16, 2018, issued a notice of the date for pleading to the Defendant by setting the date for pleading on the second date for pleading, and sent it to the Defendant on November 16, 2018, but not by the absence of closure, served the said notice by means of delivery by registered mail, and the said notice was sent to the Defendant on November 12, 2018.

The plaintiff and the defendant did not appear on the second day for pleading.

After that, on January 10, 2019, which was one month after the second date for pleading, the defendant submitted an application for designation of the date to this court.

Accordingly, this court issued a notice of the date of pleading on January 25, 2019 to the third date of pleading on January 25, 2019. The plaintiff and the defendant appeared at all on the third date of pleading.

2. According to Articles 408 and 268(1) and (2) of the Civil Procedure Act, both parties were absent or present at the appellate court on the date of pleading on two occasions.

Even if no pleading is made, if no pleading is made, the appeal shall be considered to have been withdrawn, and the judgment of the first instance shall become final and conclusive, if no request for designating the date is made within one month from the date of pleading

As seen earlier, the Defendant did not appear on the date of the first and second pleading of this Court even after receiving the notification of lawful date, and the Plaintiff appeared on the date of the first pleading but did not present any pleadings, and was absent on the date of the second pleading.

The defendant did not file an application for designating a date within one month from November 16, 2018, which is the second date for pleading, and the lawsuit of this case is one month from the second date for pleading.

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