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(영문) 서울중앙지방법원 2016.04.21 2014가합34749
해고무효확인
Text

1. The instant lawsuit was concluded on February 22, 2015 as the withdrawal of the lawsuit.

2. The Plaintiff’s application to designate the date of March 4, 2016.

Reasons

① On December 18, 2014, the date for the second pleading, the Plaintiff was absent from office on January 22, 2015, which is the date for the third pleading, and on January 22, 2015, which is the date for the third pleading. The Defendant was present on the date for the second and third pleading, but the fact that the Defendant did not present at each of the above facts is apparent in the record. The instant lawsuit was deemed to have been withdrawn by the Plaintiff on February 22, 2015, because the parties did not file an application for the designation of date by February 22, 2015, which is within one month after the Plaintiff was absent from office, pursuant to Article 268(2) of the Civil Procedure Act.

(A) The Plaintiff filed an application for the designation of a date on March 4, 2016, but this is no longer effective since one month has passed since the second party was absent). Therefore, the instant lawsuit is deemed to have been withdrawn on February 22, 2015, and it is concluded as the withdrawal of the Plaintiff’s lawsuit. Therefore, it is so decided as per Disposition by the declaration of the termination of the lawsuit.

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