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(영문) 수원지방법원 2021.01.19 2018나60557
손해배상(자)
Text

On January 19, 2019, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal.

The defendant on August 13, 2020.

Reasons

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

A. On November 29, 2015, the warden of the instant lawsuit filed by the Plaintiff was served as “Acheon-si K,” a domicile of the Defendant’s resident registration (hereinafter “instant domicile”).

B. As above, on December 12, 2016, the documents of the instant lawsuit were served at the domicile of the Defendant’s attorney-at-law of the instant lawsuit until the submission of the power of attorney-at-law of the Defendant’s lawsuit.

(c)

The defendant seems to have been a director of the Gu in Ansan-si on October 2016, but the defendant did not submit to the court of first instance an application for change in the place of service.

(d)

The judgment of the first instance was rendered on February 9, 2018, and the defendant's agent submitted a petition of appeal on February 26, 2018, and the domicile of the defendant was also indicated as the domicile of the case.

E. Meanwhile, the Defendant paid the stamp and the service charge on March 15, 2018 according to the order to pay the stamp and the service charge in accordance with the instant court’s petition of appeal, and submitted the confirmation document.

F. On October 30, 2018, the instant court determined the date of the first pleading and served a notice of the date of pleading on the Defendant’s domicile, which is the domicile of the instant petition of appeal, to the Defendant, but was not served due to the absence of closure, and served the notice by means of delivery on October 4, 2018.

Both the Plaintiff and the Defendant were absent on the date of the first pleading.

G. On December 18, 2018, the instant court served a notice of the date of pleading on the date of the second pleading to the Defendant as the address of the instant case, but was not served due to the absence of a closed text, and served on November 12, 2018.

Both the Plaintiff and the Defendant were absent on the date of the second pleading.

H. On August 13, 2020, the Defendant filed an application for designation with this court on the premise that the instant case is still pending in the appellate court.

2. Determination

A. During the appellate trial proceedings, both parties shall be present at least twice.

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