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1. The instant lawsuit was concluded on July 1, 201 as deemed the withdrawal of the lawsuit.
2. The costs of the lawsuit after the request for setting the date.
Reasons
1. The Plaintiff was absent on May 15, 2014, which is the date for the first pleading of the instant case, and the Defendant’s legal representative was not present, and the Plaintiff was absent on May 29, 2014, which is the date for the second pleading of May 17, 2014, even though the Plaintiff was served with the notice of the date for the second pleading of May 17, 2014, and the Defendant’s legal representative was not present on May 29, 2014, and the fact that the Plaintiff submitted an application for designation of the date on August 18,
2. Article 268 of the Civil Procedure Act as to whether a withdrawal of action is deemed to have been rejected by the Parties or present on the date of pleading.
Even if there is no pleading, the presiding judge shall re-determine the date for pleading and notify the two parties thereof, and the two parties are not present or were present at the new date for pleading.
Even if no pleading is made, the lawsuit shall be deemed to have been withdrawn if the application for designation of the date is not made within one month.
As seen earlier, the Plaintiff was absent on the date of the first pleading, and the Defendant’s attorney was not present, and on May 29, 2014, which was the date of the second pleading, which was again determined and notified by the Defendant’s attorney, the Plaintiff was absent and the Defendant’s attorney was not present, and there was no application for designating the date within one month thereafter. As such, the instant lawsuit was concluded on July 1, 2014 (the date on which June 29, 2014, which was the last day of the application period for designating the date, was a legal holiday, is deemed to have been withdrawn on June 30, 2014 following the said date).
3. As such, the instant lawsuit is concluded on July 1, 2014, and thus, the termination of the lawsuit is declared as final and conclusive as the withdrawal of the lawsuit.