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(영문) 창원지방법원 2018.02.08 2016나2516
공사대금
Text

1. On September 14, 2017, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s appeal.

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

Reasons

1. Determination ex officio: The plaintiff was notified by the presiding judge of the date and time of the sixth pleading ( March 16, 2017) at the fifth pleading date of the trial of the court of first instance on January 19, 2017; the plaintiff's legal representative C submitted a letter of delegation to this court on February 24, 2017; the plaintiff and the legal representative were absent on the sixth pleading date; thereafter, the plaintiff's legal representative submitted a letter of delegation to this court on May 18, 2017; the representative of the lawsuit was not present at this court on May 17, 2017; the representative of the lawsuit of the plaintiff was not present at the 16th pleading date of the court of first instance on May 18, 2017; the representative of the lawsuit of the plaintiff was not present at the 16th anniversary of the date and time of second pleading (the date of second pleading on June 15, 2017) from the presiding judge on June 16, 2017.

According to the above facts, the Plaintiff and the Plaintiff’s attorney were absent on the date of pleading twice even after being notified of lawful date, and thereafter did not appear again on the date of the 11th pleading, which is after the 10th pleading date, which was determined by the Plaintiff’s application for designation of the date, and thus, the instant lawsuit was concluded on September 14, 2017 pursuant to Article 268(4), (3), and (2) of the Civil Procedure Act.

As to this, the plaintiff was at least about 15 minutes at the 11th day for pleading due to the severe body of the vehicle.

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