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(영문) 대구고법 1960. 10. 20. 선고 4292민공762, 763 제1민사부판결 : 확정
[기일지정신청사건][고집1948민,468]
Main Issues

Cases falling under the “reasons without any responsibilities of the parties” in cases of absence of both parties

Summary of Judgment

If an attorney was unable to appear due to a sudden breakdown of 7 o'clocks on the designated date for pleading, it would be due to a cause not attributable to the party's liability.

[Reference Provisions]

Article 241 of the Civil Procedure Act

Reference Cases

64Da1897, 1898 decided March 16, 1965 (Article 241(12), Article 241(502), Article 1828 of the Civil Procedure Act (Article 241(13), Article 241(13), Article 1828 of the Civil Procedure Act (Article 241(13), Article 1834 of the Civil Procedure Act), Article 66Da171 decided March 29, 1966 (Article 241(20), Article 241(20), Article 146 of the Civil Procedure Act)

Plaintiff-Counterclaim Defendant, Defendant-Appellant

Plaintiff

Defendant-Counterclaim Plaintiff, Public Prosecutor

Defendant

Judgment of the lower court

Busan District Court (Law No. 4292 Civil No. 436, 48)

Text

This case has not been terminated and continues to be a party member.

fact

The defendant and the counter-party representative filed an application for the designation of date as to this case as of June 1, 4293, and this case is the reason for the application to this effect on May 26 of the same year. However, although the defendant and the counter-party representative did not appear on the date of pleading designated as 10 o'clocks on the same o'clocks, it was inevitable that the o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o'.

Reasons

If the records of the case are established, both parties can find that the case is treated as a withdrawal of the public prosecution because they were not present at 9:0 am on April 7, 4293 and 9:00 am on May 26, 2002, which is the date for pleading of this case, the short-term date for pleading of this case, and the date for pleading of this case. In full view of the testimony of the non-party witness and the argument of the defendant and the non-resident, it is sufficient to recognize the circumstances that the non-party witness and the non-party representative from 7:0 am on May 26, 200 to 190, and there is no evidence to see that he was unable to attend at the date for pleading of the same time due to the same am impossible. Thus, the so-called party under Article 241(3) of the Civil Procedure Act shall be deemed to fall under the case where he was unable to attend at the date for pleading of pleading of this case due

Judges Kang Jung-hee (Presiding Judge) (Presiding Judge)

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