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The instant lawsuit was concluded on June 17, 2020 as deemed the withdrawal of the Plaintiff’s appeal.
An immediate appeal shall be filed on August 27, 2020.
Reasons
1.The following facts of basic facts shall be apparent in the records or obvious to this Court:
On August 30, 2019, the Plaintiff appealed against the first instance judgment, and on March 4, 2020, the Plaintiff reported the “place of address delivery” to the Daegu-gun C Building D (hereinafter “Plaintiff’s address”).
① On March 6, 2020, the first date for pleading (10:50 on April 29, 2020) was notified to the Plaintiff’s address on March 6, 2020, but was not served due to the absence of a closed door. Accordingly, on April 23, 2020, the court notified the Plaintiff of the date for pleading and sent it to the Plaintiff on the following day.
Notice to the defendant was served on February 27, 2020.
At the above date of pleading, both parties were absent.
② On May 7, 2020, notice of the second date for pleading (14:20 on May 20, 2020) was served on the Plaintiff himself/herself at the Plaintiff’s address on May 7, 2020, and was served on the Defendant on May 12, 2020, but both parties were absent on the said date for pleading.
③ On May 27, 2020, the third date for pleading (the date for pleading on June 17, 2020) filed an application with the Plaintiff for designation of the date on May 27, 2020. On May 28, 2020, the court notified the third date for pleading to the Plaintiff’s address on May 28, 2020, but was not served due to the absence of closure, and this court notified the said date for pleading by the method of delivery to the Plaintiff on June 9, 2020 and sent it to the next day.
Notice to the defendant was reached on May 28, 2020.
At the above date of pleading, both parties were absent.
2. In a case where both parties do not appear or present at the court of appeal two times during the course of the appellate trial, if they failed to file an application for designating a date within one month, or if both parties fail to appear or present at the date of pleading as determined by the application for designating a date, or on the subsequent date of pleading, the appeal shall be deemed to have been withdrawn (Article 268 of the Civil Procedure Act). According to the above facts established, the service by both parties of the first and second dates of pleading shall be duly served.