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(영문) 대구지방법원 2020.02.07 2019나324
손해배상(기)
Text

1. The instant lawsuit was concluded on October 26, 2019 as deeming the withdrawal of the Plaintiff’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 judgment of the first instance was sentenced on December 11, 2018, and the plaintiff filed an appeal on January 2, 2019.

B. The Plaintiff did not appear on June 26, 2019, which was the first date for pleading, despite being served with the notice of the date for pleading by this court.

After the date of the second pleading, the Plaintiff was present on the date of the third pleading, but did not appear on September 25, 2019, which is the date of the third pleading.

On the other hand, the defendant was present at the date of the first and third pleadings, but did not present any pleadings.

C. On November 7, 2019, after one month from the third date for pleading, the Plaintiff submitted an application for designation of the date to this court.

2. According to Articles 408 and 268(1) and 268(2) of the Civil Procedure Act, when both parties to an appellate trial have failed to appear or present at the meeting on two occasions during the period of the appellate trial, the court shall apply for the designation of the date within one month, and the appeal shall be deemed to have been withdrawn unless the party fails to apply for designation of the date within

As seen earlier, the Plaintiff was absent on the date of pleading 1 and 3 of this Court, even upon receiving the notification of lawful date, and the Defendant was present on the date of pleading 1 and 3 of this Court, but did not present, and the Plaintiff did not file an application for designation of the date from September 25, 2019, which was within 1 month from September 25, 2019, which was the third date of pleading 201, and thus, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s appeal on October 26, 2019.

3. Conclusion, even though the instant lawsuit was concluded as deemed to have been withdrawn by the Plaintiff on October 26, 2019, the Plaintiff is disputing the instant lawsuit while submitting an application for designation of the date, etc., and thus, the declaration of termination of the lawsuit is made.

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