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1. The instant lawsuit was concluded on June 17, 2020 as deemed withdrawal of the lawsuit.
2. The costs of the lawsuit after the request for setting the date.
Reasons
1. According to the provisions of Article 268(1) of the Civil Procedure Act, which is applicable 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 there is no pleading, the date shall be set upon the request of the party for fixed date, but if the court designates a new date ex officio, it shall be deemed as the same as the case where the date is set upon the request of the party for fixed date, and as such, both parties are not present or present on the date set ex officio or the subsequent date.
Even if no pleading is made, the withdrawal of the lawsuit shall be deemed to have been made.
In light of the following facts and circumstances, the instant lawsuit was deemed to have been withdrawn on June 17, 202, in light of the following facts and circumstances acknowledged by comprehensively taking account of the following facts and the overall purport of the facts and arguments in the instant court on July 26, 2002 (see, e.g., Supreme Court Decision 2001Da60491, Jul. 26, 2002).
The court set the first date for pleading as “1:00 on April 22, 2020,” and on March 24, 2020, sent the notice of the first date for pleading to the Plaintiff on March 24, 202, “Seoul Yongsan-gu B and 2 (hereinafter “the Plaintiff”) as the address of the Plaintiff as indicated in the complaint, and did not serve the notice as a closed door. This court served the said notice by means of delivery on April 8, 2020, and the said notice was deemed to have been served upon the Plaintiff on April 22, 2020. The Plaintiff was not present on the first date for pleading as of April 22, 2020, and the Defendant’s litigation performer was present on the said date for pleading, but did not appear on the said date for pleading. The court set the second date for pleading as “the second date for pleading as of May 20, 2020,” and did not serve the notice to the Plaintiff on April 23, 2020.
The court of this case is 2020.