Main Issues

Cases recognized that neglect of date due to a party’s cause attributable to the party

Summary of Judgment

The reasons why the plaintiff was absent at the date of pleading on January 21, 1976 and February 11, 1976, were not residing in the Republic of Korea and resided in Japan, and the date of passport which can be staying in the Republic of Korea expires on December 29, 1975. Thus, it is inevitable to enter Japan and obtain permission for extension of the above date. Thus, the plaintiff's departure from the Republic of Korea on December 25, 1975 and obtained permission for extension from Japan to May 13, 1976, and entered the Republic of Korea on February 10, 1976 and entered the Republic of Korea at around 5 p.m. of Busan on December 17, 1975, the plaintiff was not legally designated on January 21, 1976, and the date of pleading, which is the date of pleading, was designated on February 11, 1976, and the delivery of the plaintiff's summons, which was submitted by the plaintiff, constitutes the delivery of the plaintiff.

[Reference Provisions]

Article 241 of the Civil Procedure Act

Reference Cases

Supreme Court Decision 63Da271 delivered on August 22, 1963 (Kaod. 6041; Supreme Court Decision 11 ② citizen78 delivered on the summary of the decision and Article 241(8)945 of the Civil Procedure Act)

Plaintiff and appellant

Plaintiff

Defendant, Appellant

3.1 Joint Law Office by a notary public

Judgment of the lower court

Busan District Court (75 Gohap1070)

Text

On February 11, 1976, this case is considered to have withdrawn an appeal and terminated.

Reasons

On January 21, 1976, the plaintiff was absent on the date of pleading of this case, and the plaintiff was absent on February 11 of the same year, which is the next day of pleading, and the appeal was withdrawn. Since the plaintiff did not reside in the Republic of Korea and resides in Japan, the date of passport which can be staying in the Republic of Korea expires on December 29, 1975, the plaintiff shall inevitably enter Japan and re-enter Korea after obtaining the permission for the extension of the above date. The plaintiff was not present at the same date of pleading on February 10, 1976, and the plaintiff was not present at the same Japan on February 10, 1976, and was not present at the same date of pleading of 197,000,000,000 won before the second day of pleading of this case, and the plaintiff was not present at the same date of pleading of 197,000,0000 won after the second day of pleading of this case on February 10, 1976.