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(영문) 서울중앙지방법원 2016.07.01 2014나51052
손해배상(기)
Text

1. The instant lawsuit was concluded on December 21, 2015 as deemed to have been withdrawn from the appeal.

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

Reasons

1. Facts under recognition are significant or obvious in records to this court.

The plaintiff stated the plaintiff's address in the complaint of this case "C" clearly, and entered the service place of the plaintiff in the court division "in custody of the court division".

Afterward, the Plaintiff visited the court in the process of the first instance trial, received the notice of the date of pleading, etc. and prepared a delivery receipt.

B. On August 21, 2014, the court of first instance rendered a judgment dismissing the Plaintiff’s claim entirely. On August 27, 2014, the Plaintiff visited the court on August 27, 2014, and submitted a petition of appeal on the same day ( August 27, 2014) after receiving the original copy of the judgment of the first instance. The Plaintiff did not state the Plaintiff’s address in the petition of appeal, but only stated the place of service, which is the appellant, “to be detained by the Seoul Central District Court of First Instance or the

Then, the Plaintiff stated the “request for the cancellation of judgment and return of case” submitted on November 7, 2004 and the “request for the cancellation of judgment” submitted on March 23, 2015, as well as the “written receipt for the payment of stamp fee” as the “place of delivery” to the full bench.

C. The instant court, upon having put the instant case to the preparatory proceedings for pleadings, designated the date for preparatory pleadings as “10:40 on May 20, 2015,” and served a notice of the date for preparatory pleadings at Sungnam-si, the domicile of the Plaintiff, “C” at Sungnam-si, which is the domicile of the Plaintiff, and did not serve the notice of the date for preparatory pleadings on April 22, 2015.

Accordingly, on May 8, 2015, this Court sent a notice of the date for preparatory pleading to the Plaintiff.

On May 20, 2015, the Plaintiff appeared at the date for preparatory pleadings for the first time held on May 20, 2015, and the date for preparatory pleadings for the second time was notified as “6. 14:00”.

However, on June 30, 2015, the Plaintiff did not appear during the second date for preparatory pleading, which was held on June 30, 2015, the Defendant appeared, but did not present, and the third date for preparatory pleading was designated as “the date for preparatory pleading on August 25, 2015”.

On the other hand, the plaintiff submitted the "application for postponement of the mediation date" to the court on July 2, 2015 in relation to the second date for preparatory pleading.

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