부당이득금반환등
1. The instant lawsuit was concluded on October 10, 2015 as deemed to have been withdrawn.
2. The costs of the lawsuit after the request for setting the date.
The Parties were not present or present at the date of pleading on two occasions.
Even if a party fails to file an application for the designation of a date within one month after the pleading was not made, or both parties do not appear or present at the date of pleading as determined by the said application, the lawsuit shall be deemed to have been withdrawn (see Article 268(1), (2), and (3) of the Civil Procedure Act). According to the records, even if both the Plaintiff, the Defendant (Appointed Party) B, and the appointed parties C have received lawful notification of the date from this court, they are not present at the first date of pleading, October 11, 2014, and the fourth date of September 14:30, 2015, and the fourth date of pleading, September 14:30, 2015, and the Plaintiff may be deemed to have filed an application for the designation of a date with this court on October 13, 2015, since the lawsuit in this case was concluded on September 10, 2015, which was the fourth date of pleading.
(A) The court below held that the Plaintiff did not know the content of the above provision of the Civil Procedure Act does not constitute a justifiable ground to continue the proceedings of the pleading of this case. Therefore, it is so decided as per Disposition with the declaration of the termination of the proceedings of this case.