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1. The instant lawsuit was concluded on December 9, 2018 as the withdrawal of the lawsuit.
2. The costs of lawsuit shall be incurred after the request for setting the date.
Reasons
1. According to Article 268(1), 2, and 268(3) of the Civil Procedure Act, both parties were not present or present at the date of pleading on two occasions.
Even if no pleading has been made, the lawsuit shall be deemed to have been withdrawn if the application for designation of the date has not been filed within one month.
On the other hand, when a party is absent on two occasions on the date for pleading, the effect considered to be a withdrawal of action naturally takes place (see, e.g., Supreme Court Decision 81Da94, Oct. 12, 1982). The fact that the Plaintiff failed to appear on the first day for pleading of March 29, 2018, and the third day for pleading of November 8, 2018 (the notice on the third day for pleading is sent to his/her address because it was not served as an addressee known at the reported address). The fact that the Defendant was present on the first day for pleading of pleading of the said date for pleading, but did not present on the first day for pleading of the said date for pleading, and the fact that the Plaintiff applied for the designation of date to this court on December 14, 2018, is obvious.
The instant lawsuit was concluded on November 8, 2018 and December 9, 2018, when one month from November 8, 2018, which was the third date for pleading pursuant to Article 268(2) of the Civil Procedure Act, by failing to submit an application for designation of the date within one month from the date for pleading two times, without attending the date for pleading. The Plaintiff’s application for designation of the date for pleading was submitted after one month from the second absence of both parties, and thus, does not affect the validity of deeming the withdrawal of the lawsuit.
2. According to the conclusion, the Plaintiff’s instant lawsuit is deemed to have been withdrawn on December 9, 2018, and thus, it is so decided as per Disposition.