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(영문) 서울중앙지방법원 2016.12.08 2015가단200096
공사대금
Text

1. The instant lawsuit was concluded on August 25, 2016 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit 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month, and if a request for designation of date is not made within one month, the lawsuit shall be deemed to have been withdrawn.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on the date specified in the above request for designation of date, the lawsuit shall also be deemed to have been withdrawn.

On June 9, 2016, the Plaintiff was absent on the first date for pleading No. 15:10 of June 15, 2016, and on the second date for pleading No. 14:40 of July 14, 2016, and on the second date for pleading No. 14:40 of July 14, 2016, and the Defendant did not appear, and thereafter, the Plaintiff filed an application for designation of the date on July 22, 2016, but the fact that the Plaintiff and the Defendant were absent on the third date for pleading No. 15:40 of August 25, 2016, as determined by the said application, is evident in the record.

Therefore, the instant lawsuit was concluded as of August 25, 2016 due to the Plaintiff’s three absences.

Therefore, the plaintiff asserted the validity of the deemed withdrawal of the lawsuit, and applied for the designation of the date on October 19, 2016, and the plaintiff applied for the designation of the date on October 19, 2016, and only A applied for the permission of the legal representative along with the supporting materials that he/she is his/her employee.

However, the Plaintiff did not appear on November 24, 2016, which was designated to examine the validity of the deemed withdrawal of the lawsuit.

Therefore, the declaration of termination of the lawsuit is made and it is decided as per Disposition.

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