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(영문) 서울중앙지방법원 2017.08.09 2016가합19973
채무부존재확인
Text

1. The instant lawsuit was concluded on May 20, 201 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 clear in the records or significant in this court:

In filing the instant lawsuit, the Plaintiff stated the Plaintiff’s address as “Seoul Gangdong-gu Seoul, 402,” and the Defendant’s reply on November 10, 2016, and the duplicate of the decision to return to conciliation was sent by mail to the said address on November 11, 2016, respectively, and the Plaintiff received it.

B. The court set the first date for pleading on February 22, 2017 as 14:50, and on January 13, 2017, “the first date for pleading” was sent by mail to the Plaintiff’s address above, but it was impossible to serve the notice as “waste absence”. The Plaintiff did not report any change in the address or place for delivery until that time.

Accordingly, on February 13, 2017, this Court sent a notice of the date of pleading to the Plaintiff as “service by registered mail”.

The plaintiff and the defendant did not appear on the first day of pleading 14:50 on February 22, 2017.

C. On March 15, 2017, the second date for pleading was determined by the court on March 15, 2017, and on February 22, 2017, the notice of “the second date for pleading” was sent by mail to the Plaintiff’s above address, but it was impossible to serve the notice as “influence,” and the Plaintiff did not report any change in the address or place for delivery until at that time.

Accordingly, on March 9, 2017, this Court sent to the Plaintiff a notice of the date of pleading as “service by registered mail.”

On March 15, 2017, the Plaintiff appeared at the second date for pleading, 11:30, and this Court set the third date for pleading on April 19, 2017 and notified the Plaintiff of the fact.

However, the Plaintiff and the Defendant did not appear on the third day for pleading on April 19, 2017.

E. On May 22, 2017, the Plaintiff applied for the designation of the date.

2. Determination

A. Article 268 of the Civil Procedure Act provides that where both parties have been absent or have not present at the date of pleading two times, the second absence shall be made.

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