2. The costs of lawsuit shall be borne by the Plaintiff.

On December 12, 2013, the Plaintiff filed an application with the Defendant for a payment order (2013 tea 89796). On March 25, 2014, upon the Plaintiff’s application for a lawsuit, the instant litigation procedure was initiated, and thereafter, the delivery procedure of the complaint against the Defendant was conducted by service by public notice.

B. However, the Plaintiff’s representative director and his/her legal representative (hereinafter “Plaintiff”) were absent on the date of the first pleading (as of October 10, 2014) and the second pleading (as of October 10, 2014), and the court ex officio designated the third pleading (as of October 24, 2014), but the Plaintiff’s side was also absent.

2. Article 268 subparag. 1, 2, and (3) of the Civil Procedure Act is deemed to have been withdrawn if both parties fail to file an application for designating a date within one month after the date of pleading was not present at the date of pleading on two occasions, or if both parties again appear on the date of pleading as determined by the said application for designating the date (Article 268 subparag. 1, 2, and (3) of the Civil Procedure Act). If both parties were not present on two occasions but have designated a new date of pleading ex officio by the court, it shall be deemed to have been the same as in the case where a date was designated by the parties’ application

(See Supreme Court Decision 2001Da60491 Decided July 26, 2002, etc.). In the instant case, the Health Center, both parties to the instant case did not appear on the date of pleading two times, and thereafter, the court did not appear on the third date of pleading, which was determined ex officio by the court. Thus, the instant lawsuit ought to be deemed to have been withdrawn on the third date of pleading.

3. Accordingly, inasmuch as the instant lawsuit was concluded as the withdrawal of the lawsuit was deemed as of October 24, 2014, a declaration of termination of the lawsuit is made.