손해배상(기)
1. The instant lawsuit was concluded upon withdrawal of the application for conciliation on September 26, 2013.
2. The costs of the lawsuit after the completion of the lawsuit.
In the instant case prior to the filing of the instant lawsuit, Nonparty B’s respective conciliation date ( August 20, 2013, September 26, 2013, and November 1, 2013) at which Nonparty B appeared as the Plaintiff’s representative director, shall be deemed to have been absent due to the attendance of the Plaintiff, where Nonparty B had been present at the without the power of representation and conducted litigation.
Therefore, the Plaintiff did not appear on August 20, 2013, which is the first conciliation date, and accordingly, was absent on September 26, 2013, which is the newly designated date. Accordingly, the instant application for conciliation shall be deemed to have been withdrawn. As long as the instant lawsuit under linkage with the conciliation procedure is deemed to have been withdrawn and terminated on September 26, 2013, the instant application for conciliation shall be declared to have been withdrawn.
Article 31(1) of the Judicial Conciliation of Civil Disputes Act provides that “When an applicant fails to appear on the date of conciliation, a new date shall be fixed and notified again,” and Article 31(2) of the same Act provides that “if an applicant fails to appear on the new date under paragraph (1) or on the subsequent date, the application for conciliation shall be deemed withdrawn.”
In addition, the deemed withdrawal of an application for conciliation is legally effective as a matter of course due to the fulfillment of the above requirements, and cannot be determined by the court or the parties' intent, and even if the parties' intent to perform a litigation cannot be denied, it cannot be arbitrarily handled according to the court's discretion, the contents of the litigation case, and the progress.
(1) The Plaintiff’s application for conciliation on September 26, 2013, when the second conciliation date, is deemed to have been withdrawn (see, e.g., Supreme Court Decision 81Da94, Oct. 12, 1982). According to the following facts recognized by the purport of the entire records and pleadings of the instant case, the Plaintiff’s application for conciliation on September 26, 2013, when the second conciliation date was served, shall be deemed to have been withdrawn (see, e.g., Supreme Court Decision 81Da94, Apr. 24, 201