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(영문) 서울북부지방법원 2019.01.31 2018가합23913
임대차보증금
Text

1. The instant lawsuit was concluded on November 30, 2018 as the withdrawal of the lawsuit.

2. The Plaintiff’s application to designate the date of December 18, 2018.

Reasons

① On September 13, 2018, the date for the second pleading, the Plaintiff was absent on October 30, 2018, 10:45, and 2. The Defendant did not appear on the date for the second pleading, which is the date for the third pleading, and the Defendant did not appear on October 30, 2018, and the fact that the Plaintiff was absent on the date for the third pleading is apparent in records. The instant lawsuit was deemed to have been withdrawn by the Plaintiff on November 30, 2018, since the Plaintiff was absent on the date for the second pleading, pursuant to Article 268(2) of the Civil Procedure Act, by November 30, 2018, after the Plaintiff was absent on the date for the second pleading.

(A) The Plaintiff applied for the designation of the date on December 18, 2018, but this is no longer effective since it was made one month after the second party was absent). Therefore, the instant lawsuit is deemed to have been withdrawn on November 30, 2018, and it is concluded as the withdrawal of the Plaintiff’s lawsuit. Accordingly, it is so decided as per Disposition by the declaration of the termination of the lawsuit.

[Plaintiff filed an application for challenge on January 25, 2019, which was after the closing of argument in the instant case. However, even if the application for challenge was filed, a final judgment may be pronounced pursuant to the proviso of Article 48 of the Civil Procedure Act, and thus, this judgment shall be pronounced (see, e.g., Supreme Court Decision 93Da39553, Nov. 9, 193).

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