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(영문) 의정부지방법원 2015.03.09 2013구단121
이행강제금부과처분취소
Text

1. The instant lawsuit was concluded on December 15, 2014 as the withdrawal of the lawsuit.

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

Reasons

1. The following facts are remarkable in this Court:

The representative B of the Plaintiff (Appointed Party, hereinafter “Plaintiff”) was absent from the first date for pleading ( June 3, 2013) even after being served with a notice of due date for pleading.

B. The Plaintiff’s representative appeared at the date of pleading 2 and 3 thereafter, and was absent on the fourth statutory date ( September 2, 2013, 16:10) designated and notified orally at the third statutory date of pleading.

C. On the other hand, Defendant Litigation Performers present at each of the first and third dates for pleading, but did not present.

On September 9, 2013, which is within one month from the fourth date for pleading, the Plaintiff filed an application with this Court for designation of date. This Court accepted the said application and designated the fifth date for pleading as 11:30 on October 28, 2013, and thereafter, the Plaintiff’s representative appeared and testified at each of the dates for pleading 5 through 8.

E. On the other hand, the representative of the Plaintiff did not appear at the date of pleading on June 9, 2014 (on June 9, 2014), but was present at the meeting of the Defendant litigation performer, the said date of pleading was postponed, and thereafter, the representative of the Plaintiff appeared at each of the dates of pleading on 10 to 13 occasions.

F. However, the representative of the Plaintiff was absent on the 14th day for pleading ( December 15, 2014) designated and notified orally at the 13th day for pleading, and the Defendant’s litigation performer was absent on the said 14th day for pleading.

G. On January 5, 2015, the Plaintiff filed an application for designation of the date again with the Plaintiff failed to appear on the date of pleading as of December 15, 2014 due to the personal circumstance of the Plaintiff’s representative.

2. According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, both parties were absent or present at least twice on the date of pleading, which determined the validity of the deemed withdrawal of action.

Even if no pleading is made, an application for designation of date shall be filed within one month after the date of pleading.

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