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(영문) 부산지방법원 2018.08.23 2017나9265
공사대금
Text

1. The instant lawsuit was concluded on May 27, 2018 as the withdrawal of the Defendant’s appeal.

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

Reasons

1. The fact that the Defendant was served on October 23, 2017, and filed an appeal on October 31, 2017, when the original copy of the judgment of the first instance court rendered by the Defendant on October 18, 2017, was served. The court of the first instance sent a notice of the date for pleading to the Defendant on March 6, 2018, and served on March 12, 2018. The fact that the Defendant was not present at the date for pleading of the first instance court held on April 10:30, 2018, and was served on April 16, 2018 by the court of the first instance to the Defendant on the date for pleading on April 12, 2018. However, the fact that the Defendant did not appear at the court of the second instance on April 26, 2018, and that the Defendant did not appear at the court on the date for pleading of pleading on April 26, 2018.

2. According to the above facts of recognition, the instant lawsuit was concluded on May 27, 2018 after the lapse of one month from the date of the second pleading of the trial pursuant to Article 268(4) and (2) of the Civil Procedure Act due to the Defendant’s failure to appear at the date of the first and second pleading of the trial and to file an application for designation of the date within one month thereafter.

3. In conclusion, a declaration of termination of the lawsuit in this case shall be rendered as per Disposition, and it shall be decided as per Disposition.

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