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(영문) 서울고등법원 2017.05.26 2015나2030198
양수금
Text

1. The Plaintiff’s instant lawsuit against Defendant H was concluded on August 23, 2016 as deeming the withdrawal of Defendant H’s appeal.

2...

Reasons

1. Whether the Plaintiff completed the instant lawsuit against Defendant H

A. The facts below the recognition are clear in the records.

1) Defendant H filed an appeal against the judgment of the first instance. (2) Defendant H appeared on the date of the first pleading in this Court held on March 11, 2016, and was notified of the second pleading on April 20, 2016, even when Defendant H was present on the date of the second pleading in this Court held on March 11, 2016.

3) Defendant H was present on the third date for pleading opened on June 10, 2016, and was notified of the fourth date for pleading, but was absent on the fourth date for pleading opened on July 22, 2016. (4) The Plaintiff was present on the second and fourth date for pleading, but did not present on the fourth date for pleading against Defendant H.

B. According to the above facts of recognition, pursuant to Article 268(4) and (2) of the Civil Procedure Act, the lawsuit of this case against Defendant H was deemed to have been withdrawn on August 23, 2016, when one month has elapsed since the fourth date for pleading of this Court (the argument by Defendant H that the withdrawal of an appeal shall be deemed to have been continued twice the due date is not acceptable). The written brief submitted on November 3, 2016 by Defendant H, which included the purport of the application for designation of the due date, was submitted after the date for deeming the withdrawal of an appeal, and thus cannot affect the effect of deeming the withdrawal of an appeal.

If so, the Plaintiff’s instant lawsuit against Defendant H was concluded on August 23, 2016 as deeming the withdrawal of Defendant H’s appeal.

2. Determination as to the Plaintiff’s remaining Defendants (hereinafter “Defendant”)’s claim

A. The reasoning for the court’s reasoning for this part of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for the following parts which are either dismissed or added, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act

나. 고치거나 추가하는 부분 ▣ 제1심판결문의 각 ‘부길패키지’를 각 ‘비케이패키지’로 고침 ▣ 제1심판결문 제3쪽 11행, 17행 중 각 ‘아산문화,’ 부분을 삭제 ▣ 제1심판결문...

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