제3자이의
1. The instant lawsuit was concluded on November 17, 201 as deemed the withdrawal of the lawsuit.
2. The costs of the lawsuit after the completion of the lawsuit.
According to Article 268(1) through (3) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, a request for designation of date shall be made within one month, and if a request for designation of date is not made within one month, the lawsuit shall be deemed to have been withdrawn. ② If both parties fail to appear or present at the hearing on the date specified in the above request for designation of date, the lawsuit shall also be deemed to have been withdrawn.
With respect to the instant case, even when the Plaintiff was notified of the date for next pleading from this court at the first date for pleading, the Plaintiff was absent from this court on the second date for pleading ( October 13, 2017) and the Defendant was not present at the Defendant. The Plaintiff and the Defendant were absent on the third date for pleading ( October 27, 2017) even after being notified of the legitimate date for pleading by this court, the Plaintiff submitted an application for resumption of pleading to the effect that the Plaintiff applied for designation of the date for pleading on October 27, 2017, and accordingly, the fact that the Plaintiff and the Defendant were absent on the fourth date for pleading ( November 11:05, 2017) designated on the fourth date for pleading (Article 11:05), is apparent in records.
Therefore, the instant lawsuit had already been terminated as deemed the withdrawal of the lawsuit on November 17, 2017 due to the absence of the plaintiff and the defendant on three occasions. The date for filing the application for designating the date for filing the lawsuit on November 21, 2017, submitted later, does not affect the effect of deeming the withdrawal of the lawsuit as above.
Therefore, the instant lawsuit was concluded as deemed the withdrawal of lawsuit on November 17, 2017, and thereafter, the Plaintiff filed an application for designation of date to the effect that the Plaintiff contests the validity of the deemed withdrawal of lawsuit on November 21, 2017, and thus, it is so decided as per Disposition by the assent of all participating Justices.