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(영문) 대전지방법원천안지원 2016.01.13 2015가단9871
손해배상(기)
Text

1. The instant lawsuit was concluded on November 17, 2015 as deemed to have been withdrawn.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. The following facts, recognized, are remarkable or apparent to be recorded in this Court:

This court continued the pleading at the date of the first pleading where the Plaintiff and the Defendants’ legal representative were present, and the second date of pleading was set on September 23, 2015 and notified to the Plaintiff and the Defendants’ legal representative thereof.

B. On September 23, 2015, the Plaintiff was absent on the second date for pleading, and the Defendants’ agent present at that time did not present any pleadings.

C. The instant court, on October 14, 2015, designated the third date for pleading as 15:40 and sent a notice to the Plaintiff.

Although the Plaintiff was served on October 2, 2015 on the third date for pleading, the Plaintiff was absent on the third date for pleading, and the Defendants’ agent present at that time did not present any pleadings.

On December 2, 2015, the Plaintiff submitted an application for designation of the date to this court.

2. The judgment parties did not appear or present at the date of pleading on two occasions;

Even if the Plaintiff did not file an application for the designation of a date within one month from the date of pleading, the Plaintiff is deemed to have withdrawn the lawsuit (see Article 268(1) and (2) of the Civil Procedure Act). The Plaintiff was absent on the date of pleading twice even after the Plaintiff received lawful notice or notification from this court, and thus, the Plaintiff filed an application for the designation of a date by November 16, 2015.

(Second, the period from October 14, 2015 to November 14, 2015, which is the date of pleading for the second time, shall be from October 14, 2015; however, since November 14, 2015, which is the last day of the period, is Saturday, the period shall expire on November 16, 2015, pursuant to Article 170 of the Civil Procedure Act and Article 161 of the Civil Act, which is the date of pleading for the first time. However, since the Plaintiff applied for the designation of the date on December 2, 2015, the Plaintiff’s application for the designation of the date filed does not satisfy the requirements under Article 268(2) of the Civil Procedure Act.

On the other hand, the plaintiff requested an appraisal in accordance with the order to prepare for the name immediately before the date of the second and third pleadings of this case, but the answer is not yet arrived.

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