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(영문) 서울고등법원 2016.10.06 2015누1825
열람.등사불허가처분취소
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

The following facts are apparent in the records or obvious to this court:

On September 24, 2014, the Plaintiff filed an application for change with respect to the third date for pleading of the first instance court designated as 15:30 on September 30, 2014 (hereinafter both dates are the first instance court) and did not appear on that date (applicable for change of the date for pleading was rejected). The Defendant litigation performer did not appear, but did not present himself.

The Plaintiff did not appear at the date of pleading on November 4, 2014, when he/she was directly served with the notice of the date of pleading for the fourth time, and the Defendant litigation performer did not appear, but did not present himself/herself.

On December 4, 2014, the Plaintiff submitted documents that cannot be seen as the date for pleading on the fourth day for pleading.

The plaintiff was served a notice of the fifth date for pleading on January 27, 2015, but was not present on the date for pleading, and the defendant litigation performer did not appear, but did not present.

On February 27, 2015, the Plaintiff submitted documents that cannot be seen as the date for pleading on the fifth day for pleading.

The date for the sixth pleading, which was scheduled as of March 24, 2015, was postponed, and the plaintiff was not present at the seventh pleading proceeding as of April 14, 2015, and the pleading has been closed.

5. 8. 14:00 Date was set.

When the Plaintiff submitted “application for change of date” on May 6, 2015, the court of first instance has the same date as the scheduled date of pronouncement on May 8, 2015.

6. 9. 14:00 was changed.

On June 4, 2015, the Plaintiff submitted documents stating the purport that “the pleading should not be closed.” However, the court of first instance rendered a judgment on June 9, 2015 that the instant lawsuit was terminated as deemed the withdrawal of the lawsuit on the date the judgment was rendered, and the Plaintiff served the original copy of the judgment to the place indicated in the written complaint, but was not served due to the absence of closure, and issued an order by public notice on July 10, 2015, thereby serving the original copy of the judgment on the same day.

On August 17, 2015, the plaintiff is a declaration of termination of the lawsuit.

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