logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.25 2018나15313
임금
Text

1. The instant lawsuit was concluded on May 23, 2019 as deeming the withdrawal of the Plaintiff’s appeal.

2. Application for resumption of pleadings made on June 3, 2019.

Reasons

1. The following facts shall be apparent or clearly recorded in this court:

The first instance judgment of this case was sentenced on February 13, 2018, and the Plaintiff filed an appeal on February 27, 2018.

B. The instant court, on September 6, 2018, issued a notice of the date for pleading to the Plaintiff, designating the second date for pleading as 15:00 on September 6, 2018, and served the notice on the date for pleading. The Plaintiff did not appear on the said date for pleading even if the Plaintiff was served

C. The Plaintiff and the Defendants appeared at the third date of pleading of the instant case on November 8, 2018, and this court continued pleadings and notified the Plaintiff and the Defendants of the fourth date of pleading of the instant case on December 20, 2018. The Plaintiff did not again appear on the fourth date of pleading notified as above, and the Defendants did not appear on the fourth date of pleading.

Accordingly, the Plaintiff submitted an application for designation of the date on January 17, 2019, and attended by the Plaintiff and the Defendants on April 18, 2019, which is the date for the fifth pleading of the instant case, designated by the Plaintiff, and the instant court continued pleadings and notified the date for the sixth pleading of the instant case as of May 23, 2019. However, the Plaintiff did not appear on the sixth pleading date notified again. The Defendants did not appear on the said date for the sixth pleading.

E. On June 3, 2019, the Plaintiff submitted an application for resumption of pleadings.

2. In a case where both parties do not appear or present at the court of final appeal on two occasions, even if they did not appear or present at the court of final appeal, the appeal shall be deemed to have been withdrawn, if both parties did not appear or present at the court of final appeal on the date of pleading as determined by the application for designation of date, or on the subsequent date of pleading, and if both parties did not appear or present at the court, the appeal shall be deemed to have been withdrawn (Article 268(1) through (4) of the Civil Procedure Act). According to the above facts established, even if both parties did not appear or present on three occasions on May 23

arrow