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(영문) 대구지방법원김천지원 2020.06.18 2019가단36819
손해배상(기)
Text

1. The defendant,

A. 12,186,00 won to Plaintiff A and 12% per annum from December 20, 2019 to the date of full payment.

Reasons

1. The description of the grounds for the attachment to the description of the claim and the grounds for the correction thereof;

(The Plaintiff AD Corporation reduced the claim against the Defendant on December 13, 2019). 2. Judgment by deeming that the labor-welfare fund is a confession based on recognition (Article 208(3)2 of the Civil Procedure Act)

3. In addition, the Defendant did not appear on April 23, 2020 on the first date for pleading on April 10, 2020, even when he was served with a notice of date on the first date for pleading on April 10, 202.

Therefore, this court re-grants the opportunity for the Defendant to participate on the date for pleading of the instant civil procedure by continuing the pleadings, taking into account the fact that the criminal trial against the Defendant (Seoul Southern District Court 2020Kadan54) is under way separately. However, the Defendant was served on May 11, 2020 by sending the date notice on the date for pleading on May 2, 2020, but did not appear again on the date for pleading on June 11, 2020.

Therefore, it is reasonable to view that the confessions have been established under the main text of Article 150(3) and (1) of the Civil Procedure Act.

In addition, if the court completes the pleadings lawfully and notifies the sentencing date, the remaining party is also effective, and the notice of the sentencing date was not served to the concerned party.

Even if it is not illegal, it cannot be considered unlawful.

(2) In light of the above legal principles, the Defendant did not appear to serve a notice of date on the second date for pleading on April 25, 2003 (see, e.g., Supreme Court Decision 2002Da72514, Apr. 25, 2003). In light of the above legal principles, the Defendant did not appear to serve a notice of date on the second date for pleading on the second date for pleading, and the court notified the date for pronouncement after closing the pleadings

In full consideration of the above various circumstances, the defendant shall be deemed to have led to the confession of the facts constituting the cause of the claim of this case, and the defendant shall accept the plaintiffs' claims in full.

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