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(영문) 서울동부지방법원 2018.12.11 2017나29905
부당이득금
Text

1. The instant lawsuit was concluded on October 2, 2018 as the withdrawal of the Plaintiff’s appeal.

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

Reasons

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

The judgment of the first instance court of this case was sentenced on November 8, 2017, and the Plaintiff served the original copy of the said judgment on November 17, 2017, and submitted a petition of appeal on December 1, 2017.

B. The court initially set the first date for pleading on April 27, 2018 at 15:30 again changed to 10:20 on May 11, 2018. On April 11, 2018, the court sent a notice of change of the date to the Plaintiff’s address indicated in the petition of appeal on April 23, 2018, but did not serve the notice due to the absence of closure, by means of delivery by registered mail, and on April 23, 2018, the said notice was sent to the Plaintiff on April 24, 2018.

The plaintiff was absent on the first day for pleading, and the defendant was present, but did not state his opinion.

(Non-Appearance of both parties once).

Then, on August 28, 2018, the pleadings continued with both or the Defendant’s attendance on the date for the fourth pleading, and this Court sent a notice of the date for the fourth pleading to the Plaintiff on August 31, 2018, and the said notice was served on the Plaintiff on August 31, 2018, but the Plaintiff was absent on the date for the fourth pleading ( September 18, 2018), and the Defendant was present, but did not present on the pleading.

(2) In the absence of both parties, d.

The court determined the fifth date for pleading on October 2, 2018 as the date for pleading on October 2, 2018, and sent a notice of the fifth date for pleading to the Plaintiff on September 19, 2018, and served the notice to the Plaintiff on September 28, 2018, but the Plaintiff was absent from the Plaintiff on the fifth date for pleading. The Defendant did not appear, but did not present.

(Non-Appearance of both parties on 3 occasions).

On October 12, 2018, the Plaintiff submitted an application for designation of the date for pleading.

2. According to Articles 408 and 268(1) through (3) of the Civil Procedure Act, when both parties do not appear or present at the court of appeal two times during the course of the appellate trial, they shall apply for the designation of the date within one month, and they shall not apply for the designation of the date within one month.

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