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1. The instant lawsuit between the Plaintiff and the Defendant was concluded as the withdrawal of appeal on June 17, 2017.
2. dated 9, 2017
Reasons
1. Facts below the facts of recognition are significant or obvious in records in this court:
The first instance court served a copy, etc. of the instant complaint on the Defendant’s resident registration, which is “Y Apartment-gu, Incheon-gu, K Apartment-gu, 911 Dong 2702,” but is not served on the Defendant. On March 14, 2014, the first instance court served a copy, etc. of the instant complaint on the Defendant by public notice (an order of service on March 29, 2014), while holding pleadings, and served a favorable judgment on the Plaintiff on October 14, 2014, and served the original copy of the first instance judgment on the Defendant.
On September 12, 2016, the Defendant filed a subsequent appeal against the judgment of the first instance on September 12, 2016, and the Defendant’s address was stated in the said petition of appeal as “Yeocheon-gu L and E 203 at the same time.”
On April 25, 2017, the trial court designated the first date for pleading as 11:10 on April 25, 2017, and served a notice of the date for pleading to the domicile of the defendant stated in the above petition of appeal, but it is impossible to serve the notice on the defendant, and served the notice by delivery by registered mail on March 20, 2017, and the said notice was deemed to have been served on the same date.
On the first day for pleading, the defendant was absent, and the plaintiff's attorney was present, but did not present.
On May 16, 2017, the first instance court designated the second date for pleading as 15:30 on May 16, 2017, and served a notice of the date for pleading to the Defendant, but it was impossible to serve the notice on the Defendant, and served the notice by delivery by registered mail on May 11, 2017, and the said notice was deemed to have been served on the same day.
Even on the date of the second pleading above, the defendant was absent, and the plaintiff's attorney was present, but did not state his opinion.
The defendant is detained as a policeman in June 2017, and is underwater in Incheon detention center up to now.
On December 21, 2017, the defendant was convicted by the Incheon District Court Decision 2017 Godan4921, 5242, 5696, and the appeal is still pending in the appeal court (In Incheon District Court 2018No150).
The defendant did not apply for the designation of the date in this case within one month from the date of the second pleading of the party.