손해배상(자)
1. The instant lawsuit was concluded on November 22, 2019 as deeming the withdrawal of the Plaintiff’s appeal.
2. After filing an application for designation of the date.
1. According to the records of this case, the following facts are recognized:
A. The judgment of the first instance was sentenced on May 22, 2019, and the Plaintiff submitted a petition of appeal to the first instance court on May 26, 2019.
B. The instant court: (a) designated the first date for pleading on October 18, 2019 as the date for pleading and served a notice of the date for pleading pursuant thereto on October 18, 2019 on the Plaintiff; (b) although the Plaintiff was served with such notice, the Plaintiff did not appear on the said date for pleading; and
C. The instant court: (a) designated the second date for pleading as of November 1, 2019 and served a notice of the date for pleading pursuant thereto on November 1, 2019 on the date for pleading; (b) however, even if the Plaintiff was served, the Plaintiff did not appear at the second date for pleading, and the Defendant did not appear.
On November 10, 2019, the Plaintiff filed an application with this Court for the designation of date, and this Court set the third date for pleading as 11:00 on November 22, 2019 and served the Plaintiff a notice of the date for pleading accordingly.
However, even though the plaintiff was served with this, the third date for pleading was not present, and the defendant was not present.
E. On November 24, 2019, the Plaintiff submitted to this court an application for change of the date for new pleading.
2. According to Article 268 of the Civil Procedure Act, both parties were absent or present at the date of pleading during the appellate trial.
Even if a pleading is not made, the appeal shall be deemed to have been withdrawn unless an application for designation of the date is filed within one month (paragraphs 1, 2, and 4), and both parties again failed to appear or attended on the date of pleading specified in the above application for designation of the date of pleading.
Even if a pleading has not been made, the appeal shall be deemed to have been withdrawn.
(3) As seen earlier, the Plaintiff filed an appeal against the judgment of the first instance against the judgment of the first instance, but did not appear both on the first and second legal date for pleading.