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(영문) 대전지방법원 2017.01.12 2015가단23991
배당이의
Text

1. The instant lawsuit was concluded on September 26, 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) and (2) of the Civil Procedure Act, both parties did not attend or attended twice.

Even if a pleading has not been made, an application for designation of date shall be filed within one month, and if an application for designation of date has not been filed within one month, the lawsuit shall be deemed to have been withdrawn.

However, even if the Plaintiff received lawful notification from this court on June 28, 2016, but was absent on the date of the sixth pleading of 10:30 on June 28, 2016 and the seventh pleading of 14:50 on August 25, 2016. The legal representative of the Defendants was present but did not present, and the Plaintiff filed an application for designation of the date on October 25, 2016, much more than one month from the seventh hearing date, is obvious in the record.

Therefore, the instant lawsuit was concluded on September 26, 201, when one month has elapsed since the date of the second pleading (the seventh date for pleading) was neglected twice (the Plaintiff’s application for designation of date as of October 25, 2016 was made after one month from the seventh date for pleading, and thus, it is not effective). It is so decided as per Disposition by the assent of all participating Justices.

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