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1. The instant lawsuit was concluded on January 6, 2015 as deemed the withdrawal of the lawsuit.
2. The costs of the lawsuit after the application for resumption of pleadings.
Reasons
1. The following facts are apparent in records:
In the instant case, the notice of the date of pleading on the first day of pleading ( November 5, 2014) was served on the Plaintiff on October 24, 2014, and on October 21, 2014, respectively, to the Defendant, but the Plaintiff and the Defendant did not appear on the said date of pleading.
B. The Plaintiff and the Defendant did not appear on the date for the first pleading, and were again designated as the date for the second pleading, and the notice of the date for the second pleading ( December 3, 2014) designated was served on the Plaintiff on November 12, 2014, and on November 6, 2014, respectively, to the Defendant. However, the Plaintiff and the Defendant did not appear on the said date for the first pleading.
C. On January 22, 2015, the Plaintiff filed an application for resumption of argument with the purport of seeking a fixed date designation.
2. Determination:
(a) the Parties were not present or present at the date of pleading on two occasions;
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the date of pleading determined by the application for designating the date, the lawsuit shall be deemed to have been withdrawn (Article 268(1), (2), and (3) of the Civil Procedure Act).
However, as seen earlier, the Plaintiff and the Defendant did not appear on the date of the second pleading, and the Plaintiff applied for the designation of the date only on January 22, 2015, which was one month after the date of the second pleading, and the instant lawsuit was concluded on January 6, 2015 (the last day of the said period is Saturday on January 3, 2015, and is also a holiday thereafter, and the said period is expired on January 6, 2015) after one month from December 3, 2014, which was the date of the second pleading.
3. If so, the instant lawsuit was already concluded as deemed to have been withdrawn.
It is so decided as per Disposition.