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(영문) 서울북부지방법원 2018.02.13 2017나30383

손해배상(기)

Text

1. The instant lawsuit was concluded on October 5, 2017 by the Defendants’ withdrawal of the appeal.

2. After filing an application for designation of the date.

Reasons

1. The following facts are apparent in the records:

Upon submitting a petition of appeal on December 30, 2016, the Defendants entered the place of service by Defendant B and the address of Defendant C Co., Ltd. (hereinafter “Defendant Company”) into “Seoul Songpa-gu G Young-gu 9143” (hereinafter “the place of service”).

B. On January 26, 2017, the instant court served each of the Defendants with “a certified copy of the order of preparation for name cards for appellant” and “litigation guide” as the place of service of the instant case. The Defendants were served respectively at the place of service on February 2, 2017.

C. In addition, on March 24, 2017, the Defendants received respectively the “application for change of the cause of the claim” submitted by the Plaintiff at the place of delivery of the instant case from the instant court.

On May 29, 2017, this court served a notice of the date of pleading on July 18, 2017 with the place of delivery of this case on the Defendants, but each of the following was impossible to serve on June 1, 2017: (a) the notice was sent by registered mail on June 13, 2017; and (b) the Defendants were not present at the first date of pleading on July 18, 2017, and only the Plaintiff’s attorney did not present and present at the hearing.

E. On July 19, 2017, the instant court served a notice of the date of pleading on September 5, 2017 with the place of service in the instant case on the Defendants, but the notice was served again on July 24, 2017 due to the unknown director’s failure to serve the notice by registered mail on August 4, 2017, and on September 11, 2017, the Defendants were not present at the second date of pleading, and only the Plaintiff’s attorney did not appear and present at the hearing.

F. After the lapse of one month, the Defendants filed an application for the designation of the fixed date on December 5, 2017, and filed a report changing the service place of the Defendants to “Seoul Gangseo-gu H and 201”.

2. The lower judgment on the Defendants’ filing of an application for designating the date was found, and the Defendants transferred the Defendant’s office to the Defendant Company’s office on December 30, 2017, which was after the second date for pleading, on January 30, 2018.