손해배상(기)
1. The instant lawsuit was concluded on May 26, 201 as deeming the withdrawal of the Plaintiff’s appeal.
2. After filing an application for designation of the date.
1.The following facts are apparent in the records:
On June 5, 2015, the first instance court sentenced the plaintiff to wholly dismiss the plaintiff's claim against the defendant, and the plaintiff filed an appeal on June 12, 2016.
B. The Plaintiff received a notice of the date for the first pleading on December 2, 2015, but did not appear on the date for the first pleading of the trial court held on January 14, 2016.
C. The Plaintiff received a notice of the date of the second pleading on January 22, 2016, but did not appear on the second pleading date of the trial held on February 4, 2016.
On March 29, 2016, the Plaintiff submitted to this Court a petition of appeal to the effect that the appellate court is seeking to proceed. Accordingly, this Court designated the 15:00 on May 26, 2016 as the third date for pleading in the trial.
E. The Plaintiff received a notice of the third date for pleading on April 20, 2016, but did not appear on the third date for pleading in the trial held on May 26, 2016.
2. According to the above facts found, the instant lawsuit was concluded on May 26, 2016, when the Plaintiff did not appear on the date of the first and second pleadings of the trial, and thereafter submitted a written appeal for subsequent completion to the appellate court. However, the instant lawsuit was concluded as withdrawn on May 26, 2016, pursuant to Article 268(4) and (3) of the Civil Procedure Act, by failing to appear on the date of the third pleading of the trial as stipulated by this Court.
3. In conclusion, a declaration of termination of the lawsuit in this case shall be rendered as per Disposition, and it shall be decided as per Disposition.