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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Where a party has filed an application for resumption of pleadings to provide allegations and certifications after the closing of pleadings, the court may decide, at its discretion, whether to accept the application for resumption of pleadings, unless it goes against the procedural justice pursued by the Civil Procedure Act, unless it is against the procedural justice of the Civil Procedure Act to render a judgment against the party without granting the party an opportunity to submit arguments and certifications, such as where the party who filed the application for resumption of pleadings has not been given the opportunity to prove the grounds that it was difficult to impose responsibility on him/her prior to the closing of pleadings, and the subject matter of such assertion and certification constitutes an inf
(See Supreme Court Decision 2010Da20532 Decided October 28, 2010). The Defendant filed an application for resumption of pleadings on May 18, 2016, which was after the closing of argument.
However, the Defendant only filed an application for extension of the deadline for submission of the statement of grounds for appeal at the trial on December 10, 2015, and filed an application for extension of the deadline for submission of the statement of grounds for appeal on February 18, 2016, and only filed a petition of appeal on two different dates for pleading including the changed date for first instance, and did not submit the statement of grounds for appeal until now.
(1) The Plaintiff did not submit a statement of grounds for appeal by the date of the closing of argument, and did not state a specific assertion or proof plan in the application for resumption of argument. In light of these circumstances, even if the argument is not resumed, it cannot be said that it goes against procedural justice.
2. The decision of the first instance court is legitimate, and all appeals by the plaintiff and the defendant are dismissed as they are without merit. It is so decided as per Disposition.