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1. The instant lawsuit was concluded on January 6, 2015 as the withdrawal of the lawsuit.
2. The costs of litigation after the request for designation of date is made.
Reasons
The following facts are acknowledged according to the records of the instant case.
On July 9, 2014, the Plaintiff filed the instant lawsuit, and reported the address as “C 15 units located in Mancheon-gu B.”
On October 24, 2014, this Court sent to the Plaintiff a notice of the date of pleading to appear at the address above, to the Plaintiff on the date of first pleading ( November 21, 2014), and received directly the said notice of the date of pleading on October 29, 2014.
However, on November 21, 2014, the Plaintiff was not present at the date of pleading opened on November 21, 2014, and the Defendant litigation performer was present at the date of pleading, but did not present at the hearing.
On November 21, 2014, this Court sent to the Plaintiff a notice of the date of pleading to appear on the second date for pleading ( December 5, 2014) and was not served on the said address due to the uncertainty of the directors. On December 1, 2014, this Court sent the said notice of the date of pleading to the Plaintiff at the address indicated in the Plaintiff’s complaint. This Court sent the said notice of the date of pleading to the address indicated in the complaint.
(See Article 8(2) of the Administrative Litigation Act, Article 185(2) of the Civil Procedure Act. The Plaintiff was not present at the date of pleading opened on December 5, 2014, and the Defendant’s litigation performer was present at the date of pleading, but did not present at the date of pleading.
As such, the Plaintiff did not file an application for the designation of the date within one month from the date of pleading for the second absence, and on March 31, 2015, the Plaintiff submitted documents under the name of “the petition for recovery of the right to appeal” written by the Seoul High Court ruling on the petitioner, stating that “the right to appeal shall be restored by the Seoul High Court ruling on the petitioner.”
The Plaintiff asserted that he/she was absent at the date of pleading because he/she was hospitalized in the E Hospital located in Yeonsu-gu Incheon Metropolitan City from November 21, 2014 to December 19, 2014 through the above “written application for recovery of his/her right of appeal” and stated the place of service as “F 103, Namcheon-gu, Incheon.”
However, first of all, the decision is being sought through the "Application for Recovery of Right of Appeal" submitted by the plaintiff on March 31, 2015.