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1. Revocation of a judgment of the first instance;
2. All of the instant lawsuits are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 11, 2002, around 20:15, the Plaintiff operated D 125C occ and operated one lane from the five-lane road located in the 169-1 located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan City, to the air occ-distance away from the air occ-distance. However, the Plaintiff conflict with the two-lane occ-car in the same direction that Defendant B driven (hereinafter “instant accident”).
(2) Defendant Eastern Fire Marine Insurance Co., Ltd. is an insurer which has entered into a comprehensive automobile insurance contract with respect to the above low-priced automobiles.
B. On April 8, 2005, the Plaintiff filed a lawsuit against the Defendants on April 8, 2005 against the Seoul Central District Court 2005Kadan9716, seeking compensation for damages arising from the instant accident (hereinafter “the Plaintiff’s lawsuit”).
(2) On April 18, 2005, a copy of the complaint was served on the Defendants. 2) The Plaintiff was detained in another criminal case from February 28, 2006 to January 30, 2007. The Seoul Central District Court sent the notice of date to the Plaintiff’s previous domicile without knowing that the Plaintiff was detained. The Seoul Central District Court sent the notice of date to the Plaintiff’s previous domicile, and the case was proceeded as follows.
3) On October 23, 2008, the Plaintiff filed an application for the perusal of records with the Seoul Central District Court. On March 6, 2012, the Plaintiff filed an application for the designation of a fixed date with the Seoul Central District Court. 4) As to the application for the designation of a fixed date, the Seoul Central District Court did not take any measure, the Plaintiff filed the instant lawsuit with the same court as the previous claim on February 22, 2013.
(2) The Seoul Central District Court declared on July 16, 2014 that “the withdrawal of a lawsuit was terminated on December 20, 2006.” However, in the case of Seoul Central District Court 2014Na39618, the appellate court against the detained, the service of the detained person shall be made to the warden of the correctional institution, etc., and the service of the detained person to the former address or domicile shall be made to the warden of the relevant correctional institution, etc.