logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.09.07 2017가단10342
동산 인도
Text

1. The instant lawsuit was concluded on June 1, 2018 as deemed to have been withdrawn.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

Reasons

According to Article 268(1) through (3) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, a request for designation of date shall be made within one month, and if a request for designation of date is not made within one month, the lawsuit shall be deemed to have been withdrawn. ② If both parties fail to appear or present at the hearing on the date specified in the above request for designation of date, the lawsuit shall also be deemed to have been withdrawn.

The plaintiff was notified of the date of legal pleading from this court on December 8, 2017, but was not present on the date of the first hearing held on January 12, 2018, the second hearing held on December 10, 2018, and the second hearing held on January 12, 2018, and thereafter, the plaintiff filed an application for designation of the date on February 7, 2018, the plaintiff was absent on the fifth hearing held on June 11, 2018, even if he was notified of the date of legal pleading from this court, and the fact that the defendant was present on each of the above date of pleading but did not present on the date of legal pleading is obvious in the record.

If so, the instant lawsuit was concluded on June 1, 2018 due to the Plaintiff’s three absence.

Therefore, since the plaintiff applied for the designation of the date to the effect that he/she contests the deemed withdrawal of the lawsuit on July 4, 2018, it shall be decided as ordered by the declaration of termination of the lawsuit.

arrow