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1. The instant lawsuit was concluded on January 23, 2015 as deemed the withdrawal of the lawsuit.
2. The costs of the lawsuit after the completion of the lawsuit.
Reasons
1. Basic facts
A. The Plaintiff and the Plaintiff’s legal representative did not appear on the second date of pleading of the instant case 2014 Ghana506692, which was prior to being cultivated. On the fifth date of pleading thereafter, the presiding judge of the instant case commenced the date of pleading in place of the case and the names of the parties, and did not appear by the Plaintiff and the Plaintiff’s legal representative, but extended the claimed amount to KRW 22 million through amendment of the purport of the claim, so the date of pleading was postponed to be cultivated.
B. After being cultivated, this court summoned the Plaintiff on the date of pleading, but the Plaintiff was not present on January 23, 2015 at the sixth day of pleading of the instant case, and the Defendant did not present at the hearing.
C. The Plaintiff applied for the designation of the date on February 9, 2015, and the date for the seventh and eighth pleadings was proceeding.
2. According to Article 268(2) and (3) of the Civil Procedure Act, both parties were absent or present two times at the date of pleading.
Even if the parties did not apply for the designation of the date within one month after the absence of pleading, or both parties did not attend or present on the designated date pursuant to the application for designation of the date, or on the subsequent date.
A lawsuit shall be considered to have been withdrawn, unless the lawsuit is presented.
According to the above basic facts, the lawsuit of this case was terminated as the withdrawal order, because the plaintiff neglected the date of time on the fixed date (not limited to the date designated by the plaintiff's application for designation of fixed date) after two times of the plaintiff's second date.
I would like to say.
3. Conclusion, as the court stated in the instant case that the withdrawal of the lawsuit was completed, or the Plaintiff’s trial was conducted by filing an application for designation of a fixed date, it is decided to declare the termination of the instant lawsuit by judgment.