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(영문) 서울중앙지방법원 2018.11.21 2018나25068

계불입금청구

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Following the counterclaim filed by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The plaintiff filed an application for resumption of pleading after the trial was closed.

However, this Court, on July 19, 2018, August 14, 2018, and September 18, 2018, ordered the Plaintiff to submit additional arguments and evidence three times on three occasions, but the Plaintiff failed to comply with the order. On October 17, 2018, the Plaintiff was absent at the date of pleading open, and did not submit any particular material. The Plaintiff did not submit a new argument or evidence upon filing an application for resumption of the pleading, and subsequently, it did not follow it later.

This constitutes an attack and defense method under Article 149 of the Civil Procedure Act.

Therefore, we cannot accept the plaintiff's application for resumption of argument.

Facts of recognition

The plaintiff is the owner of the 16 number system as shown in the attached Form (hereinafter referred to as "each number system of this case"), and the defendant is the member of the above system.

The respective accounts of this case were operated in the same way, and the 31 fraternity operating period: from March 5, 2014 to September 5, 2016 (31 times) : 3,400,000 won before the receipt of the accounts, 4,800,000 won (interest rate of 1,40,000,00 won) after the receipt of the accounts, 00 won, 100,000 won for each additional 00,000 won for 10,000 won for 10,000 won for 10,000 won for 10,000 won for 30,00 won for 10,000 won for 10,000 won for 30,000 won for 10,000 won for 30,000 won for - 10,000 won for 10,000 won for 30,000 won for each month.