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(영문) 서울남부지방법원 2015.07.02 2014나55227
구상금
Text

1. The instant lawsuit was concluded on May 17, 2015 as deeming the withdrawal of the Defendant’s appeal.

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

Reasons

1. The Defendant is dissatisfied with the judgment of the first instance court and filed the instant appeal on November 19, 2014; the fact that the original Defendant was not present at the date of pleading on March 26, 2015 at the first instance court’s date of pleading on the date of pleading on March 26, 2015; the Defendant was unable to appear at the date of pleading on April 16, 2015 at the second instance court’s date of pleading; and the Plaintiff’s attorney was present at the said date and was treated as non-appearance on two occasions due to the absence of both parties, and the Plaintiff filed an application for resumption of pleading to the effect that he/she applied for designation of the date of pleading on May 22, 2015 after one month from the date of pleading on the date of pleading on the date of pleading on March 26, 2015.

2. Pursuant to Article 268 of the Civil Procedure Act, where both parties to an appellate trial have been absent or have not present at the date of pleading even if they have been present at the court on two occasions during the appellate trial proceeding, the appeal shall be deemed to have been withdrawn if no application for designating the date has been filed within one month from the date of pleading where they have been absent at the second time, and thus, the appeal by the Defendant was deemed to have been withdrawn on May 17, 2015, when one month from April 16, 2015,

3. As such, the instant lawsuit is deemed to have been withdrawn by the Defendant on May 17, 2015, and thus, the closure of the lawsuit is declared.

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