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(영문) 서울북부지방법원 2019.09.03 2018나36296
손해배상
Text

1. The instant lawsuit was concluded on July 19, 201 as deemed to have been withdrawn from the appeal.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

1. Basic facts

A. The judgment of the first instance court rendered on August 17, 2018, and the Plaintiff filed an appeal on August 22, 2018.

B. The appellate court, on March 12, 2019, sent the notice of the date for pleading to the Plaintiff on the date for pleading on which the first pleading was designated as 11:45, and sent the notice of the date for pleading to the Plaintiff on January 22, 2019, but was not sent by the addressee’s absence, and the Plaintiff submitted an application for change of the date for pleading to change the date for pleading on March 4, 2019, but the instant court rejected this court. The Plaintiff did not appear on the date for pleading of the first pleading, and the attorney F, who was the attorney at the time of the Defendant’s sub-agent, did not present but present at the time.

C. Since then, the Plaintiff and the attorney G, at the time of the Plaintiff, was present and present at the second date for pleading on April 9, 2019. This Court, on May 14, 2019, designated the fourth date for pleading as the date for pleading on June 18, 2019 to the Plaintiff and the attorney-at-law, who was the Defendant’s attorney at the time of the third date for pleading.

On June 14, 2019, the Plaintiff submitted to this court an application for change of the date for the fourth pleading, which changed the date for the fourth pleading, but this court rejected the application. The Plaintiff did not appear on the fourth pleading, and the Plaintiff did not appear on the date for the fourth pleading. At the time, the attorney Lee Jae-ok, who was the Defendant’s attorney

[On the other hand, the attorney Lee Jae-jin, who was the defendant's attorney, resigned on August 7, 2019, and the defendant appointed a law firm Lee Jong-jin (the attorney in charge and the attorney in charge) as the attorney).

On July 19, 2019, the Plaintiff submitted an application for designation of the date to this court.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. During the appellate trial proceeding, both parties do not appear or present at the meeting on two occasions, and do not make an application for designation of the date within one month, or set upon an application for designation of the date.

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