Application for change of date of pleading and Absence;

Even if an application for change of the date for pleading has been filed, there is no complaint of absence of both parties, unless both parties leave the court on the date for pleading.

Article 241 of the Civil Procedure Act

Plaintiff

Defendant 1 and two others

Seoul Central District Court (69A6187) in the first instance trial (Supreme Court Decision 69Da6187)

This case shall be terminated as the withdrawal of appeal on August 26, 1970.

Costs of lawsuit after the request for designation of date shall be borne by the defendant.

As the plaintiff, the defendant, the defendant, and the defendant's attorney, etc. were absent at the 10:0 am on July 15, 1970 and August 26, 1970 at the 10:0 am on August 26, 1970, the party members related to this case, respectively, and the lawsuit was terminated after deeming the defendant's withdrawal of appeal. However, the defendant's attorney was on the date of pleading on August 26, 1970 as the reason for filing an application for fixed date designation, and the defendant's attorney was on the date of pleading on August 26, 1970. The fact that the defendant's attorney submitted an application for fixed date change on the date of pleading on August 26, 1970 can be acknowledged on the record, but it is obvious that both the plaintiff, the defendant's attorney, and the defendant's and the defendant's attorney were not on the court date

In this case, the termination of the lawsuit is declared as ordered, and the litigation costs after the application for designation of the date shall be borne by the losing party and it is so decided as per Disposition.

Judges Yekpo-syun (Presiding Judge)