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1. The instant lawsuit was concluded on August 26, 2014 as deeming the withdrawal of the Plaintiff’s appeal.
2. After filing an application for designation of the date.
Reasons
The fact that the Plaintiff was absent on July 8, 2014, when receiving the notice of the date of first pleading on June 21, 2014, and the Plaintiff was absent on the date of second pleading on July 16, 2014; the Plaintiff was absent on July 25, 2014, despite being served with the notice of the date of second pleading on July 16, 2014; the Defendant’s attorney was present on the date of second pleading, and did not present each pleading; the Plaintiff did not apply for the designation of date within one month from the date of second pleading; and the fact that the Plaintiff applied for the designation of date by submitting the “written request for resumption of trial” on November 18, 2014 is clear.
According to the above facts, the instant lawsuit was concluded on August 26, 2014 when one month has elapsed from the date of the second pleading pursuant to Article 268 of the Civil Procedure Act as deemed to have been withdrawn from the Plaintiff’s appeal.
As such, a declaration of termination of the lawsuit in this case is made.