손해배상
1. The instant lawsuit was concluded on February 16, 2016 as the withdrawal of the lawsuit.
2. The Plaintiff’s litigation costs after the completion of the lawsuit.
According to Article 268(1) and (2) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, the date shall be set upon an application for designating the date by the parties. However, if the court designates a new date ex officio, the date shall be set by an application for designating the date by the parties. The same shall apply where both parties are in attendance or present at the meeting on the designated date ex officio or on the subsequent date, the withdrawal of the lawsuit shall be deemed to have been withdrawn.
(See Supreme Court Decision 2001Da60491 Decided July 26, 2002). It is evident that the Plaintiff was absent on the date for the second pleading 10:00 on March 10, 2015, and the date for the fourth pleading 15:0 on January 12, 2016, and was absent on February 16, 2016, which was designated by the court ex officio, even on the date for the fifth pleading 5, 2016.
Therefore, since the lawsuit in this case was concluded on February 16, 2016 due to the Plaintiff’s three absence, the declaration of termination of the lawsuit in this case is decided as per Disposition.