사용료
1. The instant lawsuit was concluded on January 28, 2016 as the withdrawal of the lawsuit.
2. Following the withdrawal of the instant 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 ex officio a new date, the date shall be set by an application for designating the date. The same shall apply where both parties are in attendance or present at the subsequent date. As such, if both parties fail to appear or present at the meeting on the date set ex officio or on the subsequent date, the withdrawal of
(see Supreme Court Decision 2001Da60491, Jul. 26, 2002). Even if a notice of legitimate date for pleading was served on August 12, 2015, the Plaintiff did not appear on the date for the first pleading opened on August 14:00, and on the fourth pleading opened on December 11:20, 2015, and thereafter, on the fifth pleading opened on January 14, 2016, which was held on January 11:20 and notified the Plaintiff, the Plaintiff did not appear on the six date for pleading opened on January 28, 2016.
On the other hand, it is evident that the defendant was present at the date of the first, fourth, and sixth pleading, but did not present any argument.
Therefore, the instant lawsuit is deemed to have been withdrawn due to the absence of three times by both parties. As such, the instant lawsuit is declared to have been terminated by the withdrawal of the lawsuit as of January 28, 2016.