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(영문) 창원지방법원 2017.11.01 2016나2240
전부금
Text

1. On June 28, 2017, the instant lawsuit was concluded as the withdrawal of an appeal.

2. After filing an application for the designation of the date on December 21, 2016.

Reasons

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

On November 23, 2016, the third date for pleading, the Defendant was absent on November 23, 2016, and the Plaintiff appeared but did not present any pleading.

(1) A pair of payments). (b)

Accordingly, this Court, on December 21, 2016, re-established the fourth date for pleading as of December 21, 2016, and sent a notice of the date for pleading to the Defendant’s address on November 23, 2016, and the said notice was served to the Defendant on November 28, 2016.

C. On December 21, 2016, the fourth date for pleading, the Defendant was absent on December 21, 2016, and the Plaintiff was present, but did not present any pleading.

(2) Two times). (d)

On December 21, 2016, the Defendant submitted an application for change of the date to the effect that it applied for the designation of the date on March 8, 2017, which was the fifth date for pleading designated, and the date for pleading 14:10 on April 5, 2017, which was the sixth date for pleading 14:10 on April 5, 2017, which was the date for pleading 14:50 on May 17, 2017, which was the date for pleading 6:50 on which the Plaintiff

After that, the Defendant was absent on June 28, 2017, which was the date for the eighth day for pleading, and the Plaintiff was present, but did not present any pleading.

(3) Twins); e.g.

On June 29, 2017, the defendant applied for the designation of the date again.

2. Determination

A. According to Articles 408 and 268(1) through (3) of the Civil Procedure Act, when both parties to an appellate trial pending an appellate trial fail to appear or present at the meeting on two occasions, an application for designating a date shall be filed within one month, and if both parties fail to file an application for designating a date within one month, the appeal shall be deemed to have been withdrawn. ② Even if both parties are not present or present at the date specified in the above application for designating a date, the appeal shall also be deemed to have been withdrawn.

B. Therefore, the instant lawsuit was concluded on June 28, 201 after the Defendant’s three-time absence, deeming that the Defendant’s appeal was withdrawn on June 28, 2017.

I would like to say.

On the other hand, such withdrawal of appeal is naturally generated by the fulfillment of the above requirements.

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