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(영문) 광주지방법원 2019.11.08 2019나1264

청구이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The court may decide, in its discretion, whether to accept a party’s application for resumption of pleading, unless it violates the procedural justice pursued by the Civil Procedure Act, unless it is the case where the party, who has filed an application for resumption of pleading, has not been given the opportunity to assert and prove the grounds for appeal and the additional evidence before the closing of pleadings, and the case where the subject matter of pleading and certification constitutes the facts requiring proof that could have decided on the outcome of the judgment, such as the case where the party, who has filed an application for resumption of pleading, was unable to be held liable before the closing of pleadings, and where the subject matter of pleading and certification constitutes the facts requiring proof that could have decided on the outcome of the judgment.

(See Supreme Court Decision 2010Da20532 Decided October 28, 2010). The Plaintiff applied for the resumption of pleadings on November 4, 2019, following the closure of pleadings in the instant lawsuit.

However, only the Plaintiff submitted a petition of appeal on March 5, 2019, but did not reply to the order to prepare a tin for the appellant (the purport of submitting a preparatory document specifically stating the grounds for appeal and necessary evidence) issued on April 1, 2019.

In addition, the plaintiff was present on the second day for pleading of the trial, and the petition of appeal was stated, and the plaintiff did not submit a written statement containing the reasons for appeal in detail until now.

Furthermore, the plaintiff stated in the above application for resumption of argument that "I will appoint an attorney and dispute as I did not actively respond to the plaintiff's personal circumstances."