공사대금
1. The instant lawsuit was concluded on April 20, 2015 as deemed the withdrawal of the lawsuit.
2. The costs of the lawsuit after the request for setting the date.
1. The following facts are apparent in the records:
The date of pleading for the first time of pleading ( September 17, 2014) of the instant case was served on August 11, 2014 and August 22, 2014, respectively, on the Plaintiff and Defendant Samung Industries Industry Co., Ltd. (hereinafter “Defendant Co.”), respectively.
However, the Plaintiff and Defendant A did not appear on the first day for pleading, and the Defendant Company did not appear, but did not present any argument.
B. Since then, the Plaintiff appeared on the date of the second and third pleadings.
C. On January 7, 2015, this Court: (a) designated B as the fourth date for pleading; (b) changed the said date on December 12, 2014 to February 25, 2015; and (c) the said notification of change was served on both the Plaintiff and the Defendant Company on December 17, 2014 and on December 14, 2014, respectively.
Since February 16, 2015, the above court changed the above date to March 18, 2015, and the above notification of change was delivered to the Plaintiff and the Defendant respectively on February 23, 2015, and February 17, 2015 to the Defendant Company.
However, on March 18, 2014, the Plaintiff and Defendant A did not appear on the fourth date for pleading, and the Defendant Company did not appear but did not present.
On May 8, 2015, the Plaintiff applied for the designation of the date.
2. Determination
A. The parties were not present or present at the date of pleading on two occasions by both relevant legal principles.
Even if an application for designating a date is not filed within one month after the pleading is not made, or if both parties do not appear or present again on the date of pleading determined by the application for designating the date, the lawsuit shall be deemed to have been withdrawn (Article 268(1), (2), and (3) of the Civil Procedure Act).
In the instant case, the Plaintiff and Defendant A did not appear on the date of pleading Nos. 1 and 4 of the instant case, and the Defendant Company did not appear, but did not present, and the Plaintiff filed an application for the designation of date on May 8, 2015, which was one month after the fourth date of pleading, was as seen earlier.
Therefore, the lawsuit of this case is No. 4.