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1. The instant lawsuit was concluded on August 10, 2017 as the withdrawal of the lawsuit.
2. Application for the designation of the date of August 21, 2017.
Reasons
1. The following facts are remarkable or obvious in records in this Court:
On May 11, 2017, the Plaintiff was not present at the first day for pleading, which was legally designated and notified, and the Defendant litigant was present, but did not present at all.
B. On June 1, 2017, the Plaintiff was not present at the second day for pleading, which was duly designated and announced as 6:00, and the Defendant’s litigation performer was present, but did not present at the hearing.
C. On June 14, 2017, the Plaintiff submitted an application for designation of the date. Accordingly, this court issued a notice of legitimate designation of the date for pleading on August 10, 2017, but the Plaintiff was not present, and the Defendant’s litigation performer did not appear but present.
On August 21, 2017, the Plaintiff filed an application for resumption of pleadings with the content that the instant lawsuit was withdrawn on August 10, 2017, because it is unreasonable for the Plaintiff to be withdrawn on August 10, 2017.
2. According to Article 8(2) of the Administrative Litigation Act and Article 268(1) through (3) of the Civil Procedure Act, where both parties are not present at the date of pleading or fail to present at the meeting on two or more occasions, the lawsuit shall be deemed to have been withdrawn if they fail to apply for designation of date within one month, and where both parties are not present at the date of pleading as set forth in the above application for designation of date, or fail to present at the meeting even if they
According to the above facts, the plaintiff was not present at the date of pleading on two occasions, and the defendant was present at the court, but did not present at the court, and even if the plaintiff applied for designation of the date within one month thereafter, the plaintiff was not present at the date of pleading designated accordingly, and the defendant was present at the court
Therefore, the instant lawsuit was concluded on August 10, 2017 as the withdrawal of the lawsuit.
However, on August 21, 2017, the plaintiff argues the validity of the withdrawal principle.