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(영문) 부산지방법원 2018.11.07 2017나58120

임대차보증금반환

Text

1. The instant lawsuit was concluded on April 29, 2018 as deeming the withdrawal of the Plaintiff’s appeal.

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

Reasons

1. The following facts shall be apparent or clearly recorded in this Court:

The first instance court rendered a judgment against the plaintiff on October 10, 2017 when the defendant's response and a certified copy of the decision to refer to conciliation, and the first date of pleading after the notice of the first date of pleading was served to the plaintiff's address "Seosan-gu E and Fho (hereinafter "the address of this case")" as stated in the complaint, and the second date of pleading was not served to the plaintiff's address "Seosan-gu E and Fho" (hereinafter "the address of this case") and the second date of pleading was sent to the plaintiff, and the plaintiff was not served as a closed door

B. On October 30, 2017, the Plaintiff received a certified copy of the judgment of the first instance from the Busan District Court, and filed an appeal on the same day, and the Plaintiff entered the address of the Plaintiff in the petition of appeal as it is.

C. On March 7, 2018, the instant court: (a) determined the date of the first pleading as the date of the pleading; (b) served the Plaintiff the first written notice of the date of pleading to the instant address on January 31, 2018, but did not serve the said notice on February 9, 2018, by means of a delivery by registered mail; and (c) the said notice was sent to the Plaintiff on the same day.

On the first day for pleading, the plaintiff was not present at this court, and only the defendant did not appear and present.

Accordingly, this court, on March 28, 2018, re-established the 14:5 on March 28, 2018 as the second date for pleading, and on March 7, 2018, sent the notice to the Plaintiff on March 7, 2018, but did not serve the second date for pleading to the instant address due to the addressee’s absence, by delivery by registered mail, and the said notice was sent to the Plaintiff on the same day.

E. The plaintiff was not present on the second day for pleading at this court, and only the defendant did not appear and present.

F. On August 16, 2018, the Plaintiff participated in the appellate trial on August 16, 2018, much more than one month from the date of the second pleading.