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(영문) 부산지방법원 2016.06.09 2015가단84780
물품대금
Text

1. The main lawsuit and the counterclaim by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) shall be deemed to have been withdrawn on May 2, 2016.

Reasons

The facts that the Plaintiff and the Defendant did not appear on the second date for pleading (3:05 on March 3, 2016) and the third date for pleading (31:50 on March 31, 2016) even after being notified of the legitimate date for pleading by this court are recorded. The Plaintiff’s principal lawsuit and the Defendant’s counterclaim were withdrawn on May 2, 2016 because they failed to file an application for the designation of date from March 31, 2016, which is within one month from May 2, 2016, when both the Plaintiff and the Defendant were absent, pursuant to Article 268(2) of the Civil Procedure Act. Accordingly, the Plaintiff’s counterclaim and the Defendant’s counterclaim were concluded on March 31, 2016 (the Plaintiff filed an application for designation of date on May 9, 2016). However, this is invalid since it was concluded on March 31, 2016, all of which were the second date for pleading by the Plaintiff and the Defendant.

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