1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the evidence additionally submitted by this court, and the defendant guaranteed the defendant's obligation against the plaintiff B.

The written evidence No. 13 and the written statement prepared by the plaintiff himself/herself, which are insufficient to recognize that the defendant had accepted the plaintiff's application for resumption of oral argument, are identical to the part concerning the defendant's reasoning in the judgment of the court of first instance, except for adding judgment as to the application for resumption of oral argument by the plaintiff as set forth in paragraph (2). Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Where the judgment party with respect to the Plaintiff’s application for resumption of oral argument files an application for resumption of oral argument to submit arguments and certification after the closing of oral argument, the issue of whether to accept the application belongs to the court’

The case where the court is obligated to resume the pleading and continue the hearing shall be limited to the case where the ruling against the party without providing the party with an opportunity to submit his/her arguments or evidences is contrary to the procedural justice pursued by the Civil Procedure Act.

The grounds that the party, who filed an application for resumption of pleadings, was unable to have the opportunity to submit arguments and certifications due to the lack of responsibility to him/her before the closing of pleadings, and the subject matter of the allegation and certification constitutes a major fact of proof that may depend on the outcome of the judgment, etc.

(see, e.g., Supreme Court Decision 2017Da258237, Sept. 10, 2019). On June 3, 2020, the Plaintiff filed an application for resumption of pleadings with the purport that it is necessary to verify that the Defendant guaranteed the Plaintiff’s obligation to the Plaintiff.

However, the plaintiff asserted the above certification from the warden, and the first instance court and this court shall hold nine days in total.