Main Issues

The case holding that a party does not constitute a case where he was unable to appear on the date for pleading due to a cause not attributable.

Summary of Judgment

Even if a party was unable to appear on the date for pleading due to disease, this does not constitute “where the party was unable to appear on the date for pleading due to any cause not attributable to him” as prescribed in Article 241(3)

[Reference Provisions]

Article 241 of the Civil Procedure Act

Reference Cases

December 30, 1969, 69Da1925 decided Dec. 30, 196

Plaintiff and appellant

Plaintiff

Defendant, Appellant

Defendant

The first instance

Busan District Court Msan Branch Court (77Gahap348)

Judgment of remand

Supreme Court Decision 80Da1100 Delivered on August 8, 1980

Text

This case is deemed to have withdrawn the plaintiff's appeal on December 19, 1980 and the lawsuit is terminated.

Plaintiff’s Appeal and claim

The original judgment shall be revoked.

Reasons

First of all, we examine the application for the designation of the date of pleading of the defendant. The records show that the defendant's attorney, who is an appellant after remanding the case, was absent and present at the date of pleading of November 28, 1980 after the remand, and that the plaintiff was absent on the next date of pleading of December 19, 1980, and the defendant's attorney, who was present at the date of pleading, was treated as being withdrawn by the plaintiff's appeal because the plaintiff's attorney still failed to present at the date of pleading. Thus, the defendant applied for the designation of the date of pleading of December 19, 1980 on the above date of pleading of December 19, 1980, because the infection of the party, who is a soldier, aggravated, or was unable to appear on the date of pleading due to a cause not attributable to the plaintiff, and thus, the plaintiff did not appear on the date of pleading of the above date of pleading of December 19, 199.