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(영문) 대전지방법원 2021.01.27 2019나108440
계약금반환등
Text

1. The instant lawsuit was concluded on October 21, 2020 as the withdrawal of the Defendant’s appeal.

2. On November 6, 2020, an application for setting the date.

Reasons

1.The following facts of basic facts shall be apparent in the records or obvious to this Court:

On May 21, 2019, the defendant appealed against the judgment of the first instance court on May 21, 201, and accordingly, this court set B as the date of the first pleading on August 12, 2020 and set as the date of the first pleading on June 10, 2020, but was designated as the date of the first pleading on June 10, 2020. However, according to the defendant's application for change of the date (the defendant asserted that he/she is the head of the association of the interest of the defendant union and submitted an application for change of the date to August 12, 2020.)

A fixed date notice was served on both the plaintiff and the defendant.

C On August 6, 2020, the auditor of the defendant union asserted that the auditor of the defendant union is a person acting as a person acting as a person acting as a person, and the head of the association applied for the change of the date on the ground of official seat but

The defendant was absent on the date of the first pleading, and the date of the first pleading was dealt with by the absence of both parties, as the plaintiff did not appear while the plaintiff was present.

On September 9, 2020, this court designated B as the second pleading date, which was September 10, 2020, and served D (the head of the defendant's association at the time of submitting a petition of appeal) as the representative of the defendant, and conducted the service of notice of date to Asan City E, which is the domicile of the defendant, but was not served due to the absence of closure, and served by means of dispatch.

The defendant was absent on the date of the second pleading, and the date of the second pleading was treated as the absence of both parties, as the plaintiff did not appear while the plaintiff was present.

On September 17, 2020, the third pleading date C asserted that the auditor of the defendant union is the acting person of the representative, and filed an application for designation of the date with this court on September 17, 2020, and this court designated 16:00 on October 21, 2020 as the third pleading date.

This Court, as the representative of the defendant, entered the above D as the defendant's representative, served a notice of the third date to the defendant's domicile, but was not served due to the absence of closure, and served by means of dispatch.

C Defendant on October 21, 2020, which is the date of the third pleading.

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