Case Number of the previous trial
Seocho 2010west 1621 ( October 05, 2010)
Title
3. The withdrawal of the action shall be deemed to have been terminated in absence of the third date for pleading.
Summary
If there is no application for designating a date within one month from the date of pleading for the second absence, or if both parties are in attendance or appear on the date determined by the application for designating a date, or on the subsequent date, even if they are present, a lawsuit shall be deemed withdrawn.
Cases
2011Revocation of revocation of the imposition of value-added tax
Plaintiff
SUz Co., Ltd.
Defendant
O Head of tax office
Conclusion of Pleadings
July 20, 2011
Imposition of Judgment
August 12, 2011
Text
1. The instant lawsuit was concluded on June 8, 201 as the withdrawal of the lawsuit.
2. The plaintiff shall bear the costs of lawsuit after the date of application.
Purport of claim
The imposition of value-added tax of KRW 153,716,870 on September 21, 2009 by the Defendant against the Plaintiff on September 21, 2009 shall be revoked. The decision of dismissal made by the Tax Tribunal against the Plaintiff on October 5, 2010 shall be revoked.
Reasons
According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, in cases where both parties have been absent or have not present at the date of pleading two times or more, the lawsuit shall be deemed to have been withdrawn, if there is no application for designating a date within one month from the date of pleading of the second absence of the parties, or if both parties fail to appear on the date determined by the application for designating a date, or to
With respect to the instant case, the Plaintiff filed the instant lawsuit, and was given a lawful notice to attend on the date of the first pleading ( April 8, 201) and the date of the second pleading ( April 27, 2011), but did not appear on each of the said dates for pleading, and the Defendant’s litigation performer did not appear on each of the said dates for pleading, but did not appear on each of the said dates for pleading. The Plaintiff filed an application for the designation of the date on May 25, 201, within one month from the date of the second pleading ( June 8, 2011), but did not appear on the third anniversary of the third date for pleading (including June 8, 2011). Accordingly, the instant lawsuit was concluded on June 8, 2011, which was the third date for pleading.
Thus, pursuant to Article 8(2) of the Administrative Litigation Act, Article 268 of the Civil Procedure Act, and Articles 68 and 67(3) of the Rules of Civil Procedure, the termination of the lawsuit in this case shall be declared by a judgment.