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1. The instant lawsuit was concluded on December 8, 2016 as deemed to have been withdrawn from the appeal.
2. Application for the designation of the date of December 13, 2016.
Reasons
1. The following facts are remarkable or obvious in records in this Court:
On June 10, 2010, the Plaintiff filed the instant lawsuit against the Defendant. However, when the Defendant’s domicile was revised in accordance with the order to rectify the address of the court of first instance, but the recipient was unable to serve due to his unknown identity, the court of first instance ordered the Defendant to serve by public notice on July 27, 2010, and ordered the Defendant to win the judgment by public notice on October 8, 2010. The original judgment of the first instance court was also served by public notice on the Defendant.
B. On May 9, 2016, the Defendant filed an subsequent appeal against the judgment of the first instance court and stated the Defendant’s domicile in Gangnam-gu Seoul, D, 202. On May 19, 2016, the first date for pleading was determined as of June 30, 2016, and the first date for pleading was sent to the Defendant’s domicile, and E, the Defendant’s spouse, received on May 24, 2016.
C. On June 24, 2016, the Defendant filed an application for the extension of the date for pleading, and issued an order to change the date of pleading on June 27, 2016 to July 14, 2016. The first written notice of change to the date for pleading was served on the Defendant’s domicile but was not served as a closed door, and the notice was served by a delivery by registered mail on July 4, 2016, and the said notice was deemed to have been served on the Defendant on the same day.
On July 21, 2016, the first date for pleading, the Defendant was absent on July 21, 2016, and the Plaintiff’s manager F was present, but did not present any argument.
(Non-Appearance of both parties once).
Accordingly, on August 11, 2016, the trial at issue re-established the second date for pleading as of August 14, 2016, and sent a notice of the date for pleading to the Defendant’s address on July 21, 2016. On July 26, 2016, E, the Defendant’s spouse, received the notice of the date for pleading.
F. The Defendant’s attorney submitted a letter of delegation of litigation on August 10, 2016, and applied for the change of the second date for pleading on the same day.