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(영문) 서울중앙지방법원 2016.10.31 2015나73769
계약금반환
Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Whether the subsequent appeal of this case is lawful

(a) The following facts are known in the records or are obvious to this court:

(1) After the Defendant was served with a copy of the instant complaint on January 20, 2015, on the grounds that the original copy of the instant payment order was not served on the Defendant, and the court of first instance determined the date for first pleading as the date for first pleading and notified the Plaintiff and the Defendant thereof on February 15, 2015.

(2) The Plaintiff and the Defendant were present and present at the date of the first pleading, and on the day of the second pleading (30 March 4, 2015), notified of the date of the second pleading (2. 15:30). On the date of the second pleading, the Plaintiff and the Defendant appeared and present at all on the date of the third pleading, and was notified of the third anniversary of the date of the third pleading (1:00 on April 1

(3) The Plaintiff and the Defendant were notified of the sentencing date ( April 29, 2015) upon the closure of the pleadings on the date when they appeared and present at the third pleading on the date of pleading.

On April 24, 2015, the day after the closing of argument, the Plaintiff submitted a preparatory document to the effect that it is necessary to examine C as a witness, and the court of first instance ordered the Plaintiff to submit a written application for witness and examined matters, and subsequently changed the sentencing date to a subsequent designation.

(4) The court of first instance determined the sentencing date on June 10, 2015 and notified the Plaintiff and the Defendant thereof, upon the Plaintiff’s failure to comply with the aforementioned order for the preparation of the seat. (4) As the Plaintiff did not comply with the foregoing order for the preparation of the seat, the court of first instance decided on June 10, 2015.

(5) On June 10, 2015, the court of first instance rendered a judgment on the Plaintiff’s entire failure (defensive claim dismissal and preliminary claim dismissal) (defensive claim dismissal) while the Plaintiff and the Defendant did not appear in the court on June 10, 2015, and on July 13, 2015, the original copy of the said judgment was not served on the Plaintiff due to the absence of closure, and on July 28, 2015, the original copy of the said judgment was served on the method of service by public notice and became effective as of July 28, 2015.

(6) The Plaintiff on December 8, 2015.

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