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(영문) 대구지방법원 2020.04.22 2018나3722
손해배상(기)
Text

1. The instant lawsuit was concluded on October 6, 2018 as deeming the withdrawal of the Plaintiff’s appeal.

2. After filing an application for designation of the date.

Reasons

Facts of recognition

The following facts are clear in records:

On March 21, 2017, the Plaintiff filed a lawsuit claiming damages against the Defendant (Seoul District Court Branch Decision 2017 Ghana 10365). At the same time, the Plaintiff’s address was stated as “T” (hereinafter “instant address”).

On April 27, 2018, the Seogu District Court rendered a judgment dismissing the Plaintiff’s dismissal, and tried to serve the Plaintiff the original copy of the judgment of the first instance to the address of the instant case, but failed to serve the original copy on May 3, 2018 as the director’s unknown.

On May 8, 2018, the Plaintiff received the authentic copy of the judgment of the first instance directly in the Seo-gu District Court Branch Branch, and on May 9, 2018, the Plaintiff filed the instant appeal, and at the time, entered the Plaintiff’s address in the petition of appeal to the address of the instant case.

On May 31, 2018, the court ordered the Plaintiff to prepare for tin to the effect that “the preparatory documents specifically stating the grounds for appeal and the necessary evidence shall be subject to the shipment time.” However, on June 4, 2018, the order to prepare tin will not be served on the Plaintiff as the director is unknown, and on June 12, 2018, the order to prepare tin will be served by delivery by registered mail, and the order to prepare tin will be served on the Plaintiff on the same day.

This Court: (a) decided the date of first pleading on July 25, 2018; and (b) tried to deliver to the Plaintiff the notice of the date of first pleading to the instant address; (c) however, on July 2, 2018, the notice of the date of first pleading was sent to the Plaintiff by means of delivery by registered mail on July 12, 2018; (d) the notice of the date of first pleading was sent to the Plaintiff on the same day.

The plaintiff was not present on the date of the first pleading of this Court, and the defendant was present, but did not present.

Accordingly, this Court decided on September 5, 2018 as the second date for pleading, and then tried to deliver to the Plaintiff the notice of the second date for pleading to the address in the instant case, but the said notice was issued on July 30, 2018.

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