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(영문) 서울고등법원 2015.10.21 2015나16639
공사대금
Text

1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked;

2. Of the instant cases, the part concerning the principal lawsuit is relevant.

Reasons

1. The court of first instance declared that both the principal lawsuit and the counterclaim have been terminated by deeming the withdrawal of the lawsuit, and that only the plaintiff filed an appeal against the principal lawsuit, the scope of the trial of this court is limited to the principal lawsuit.

2. The following facts are clear by records:

On March 18, 2014, the Plaintiff’s agent was present at the date for pleading, and on April 15, 2014, the Plaintiff’s agent was present at the court on March 18, 2014, and on April 29, 2014, the Plaintiff’s attendance at the court on April 15, 2014, the third party’s attendance at the court on April 14, 2014, and the fourth party’s attendance at the court on May 14, 2014, were not present at the court on July 8, 2014. The fifth party’s attendance at the court on August 19, 2014, the Plaintiff did not appear at the court on September 16, 2014, the first party’s attendance at the court on September 16, 2014, the second party’s attendance at the court on March 19, 2015, and the Plaintiff’s absence at the court on May 28, 2015.

A. The Plaintiff and the Defendant’s legal representative were present at the date of pleading 1 and 2. The Plaintiff was notified of the date of pleading 3, but the date of pleading 2 was postponed. 2) The Plaintiff received the notice of the date of pleading 4, but was absent on the fourth date of pleading 4, and the Defendant’s legal representative did not appear at the hearing.

3) The Plaintiff, the Defendant, and his legal representative were absent on the sixth day for pleading. 4) The Plaintiff was present on the seventh day for pleading, and did not present on the counterclaim, and the court of first instance concluded the pleading on the seventh day for pleading.

B. The first instance court of the first instance, which declared the termination of the lawsuit by the first instance court, failed to appear or appeared at the date of the third and fourth pleadings.

Even if there was no pleading, and since the plaintiff did not apply for the designation of the date until one month has passed from that time, it was from July 8, 2014, which is the fourth date for pleading.

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