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(영문) 서울중앙지방법원 2016.10.21 2014나37810
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. As to the Plaintiff’s assertion of withdrawal of appeal, the Plaintiff asserts to the effect that the Defendant’s appeal was terminated as the withdrawal of appeal, since the Defendant was absent at all on the date of pleading Nos. 1 and 2, and the Defendant did not file an application for designation of date within one month from the date of pleading.

According to the records, the defendant submitted the petition of appeal to the court of first instance on July 3, 2014, and entered "Seoul Gangseo-gu C" in the address column of the appellant in the petition of appeal. This court served all copies of the order to prepare tin for appellant and the guide of lawsuit and a certified copy of the decision to transfer mediation on the above petition of appeal to the defendant at the address indicated in the above petition of appeal. After this court served the first notice on the defendant on January 9, 2015 and February 2, 2015, but it is impossible to serve all the documents on the defendant on the date stated in the above petition of appeal on February 17, 2015, and the defendant sent the above notice on February 27, 2015 to the defendant on February 27, 2015, which was not present on the date for pleading, on February 27, 2015, which was delivered to the defendant on February 27, 2015, and the plaintiff was not present on the 2013.5.21.

However, Article 185 (1) of the Civil Procedure Act provides that "if a party, legal representative, or legal representative alters the place of service, such change shall be made immediately.

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