The instant lawsuit was concluded on May 23, 2020 as the withdrawal of the lawsuit.

The plaintiff's litigation costs after filing an application for fixed date.

1. The following facts shall be apparent or clearly recorded in this Court:

With respect to the instant lawsuit, the instant court: (a) determined the first date for pleading as “15:50 on March 19, 2020”; (b) notified the Plaintiff of the date for pleading; and (c) notified the Plaintiff of the said date for pleading on February 7, 2020; (b) on March 19, 2020, the Plaintiff did not appear on the first date for pleading; (c) the Defendant’s litigation performer did not appear on the said date for pleading; and (d) did not appear on the said date for pleading, but did not appear on the said date for pleading. (b) The instant court determined the second date for pleading as “1:10 on April 23, 2020,” and notified the Plaintiff of the said date for pleading, and served on March 24, 202

However, the plaintiff did not appear on April 23, 2020 on the second date for pleading, and the defendant litigation performer did not appear on the above date for pleading, but did not present it.

C. On May 23, 2020, the Plaintiff did not file an application for designation of the date within one month from the date of the second pleading, and on August 11, 2020, submitted an application for designation of the date on which the Plaintiff asserted withdrawal of the lawsuit.

2. According to Article 268(1) and (2) of the Civil Procedure Act, which applies mutatis mutandis by Article 8(2) of the Administrative Litigation Act, both parties were not present or present at the date of pleading on two occasions.

Even if no pleading has been made, an application for designation of date shall be filed within one month, and if an application for designation of date has not been filed within one month, the lawsuit shall be deemed to have been withdrawn.

Therefore, the instant lawsuit was concluded on May 23, 2020 by deeming that the Plaintiff’s lawsuit was withdrawn.

On the other hand, such deemed withdrawal of a lawsuit may not be determined by the court or a party’s intent as a matter of law due to the fulfillment of the above requirements, and even if the party’s intent to perform a lawsuit is not denied, it cannot be arbitrarily handled according to the court’s discretion, the contents of the litigation case, and the progress.