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(영문) 의정부지방법원 2015.08.27 2015나4420

양수금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The plaintiff shall bear the total litigation costs.

Reasons

First, we examine the legitimacy of the appeal.

According to the overall purport of the records and arguments of this case, when the complaint of this case against the defendant was sent to the defendant as 201, Namyang-si, where the defendant had his domicile, the court of first instance rendered a judgment in favor of the plaintiff on April 3, 2008 after serving the complaint of this case and the notice of the date of pleading by service by public notice. The original copy of the judgment also served on the defendant on April 26, 2008 and served on the defendant on service by public notice, and the service of the original copy of the judgment became effective on April 26, 2008 can be recognized as being known that the defendant was sentenced to the first instance judgment on March 25, 2015. According to the above facts, the defendant could not observe the appeal period due to any cause not attributable to himself, and thus, the defendant's appeal of this case filed on March 25, 2015 from March 25, 2015 to April 6, 2015 is lawful.

Furthermore, as to the merits, the Plaintiff did not submit a reply or a preparatory document even after being served with the notice of the date for pleading on June 5, 2015 by the court of first instance, and on July 21, 2015, the Plaintiff was not present at each time on the date for pleading on the two occasions. The facts that the Plaintiff did not appear at each time on each of the date for pleading are obvious or obvious in records in this court, and the record of the first instance court is entirely discarded after the lapse of the preservation period, and as a result, the court of first instance cannot be seen as the cause for the Plaintiff’s claim.

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked as it is unfair, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.