1. The instant lawsuit was concluded on October 22, 2016 as deemed to have been withdrawn.

2. The costs of the lawsuit after the request for setting the date.

1. According to the records, the following facts are recognized.

A. On July 4, 2016, the notice of the date of pleading for the first time (of August 10, 2016), as of the date of pleading of the instant case, was served lawfully on the “268 (Weeng-dong 666, Busan Detention House E”, which is the domicile of the Plaintiff. The notice of the date of pleading for the second time ( September 21, 2016) of the instant case was served lawfully on August 16, 2016 as “101 (L) as of the Dong-gu, Seo-gu, Seo-gu, Seo-gu, Dong-gu, Y-gu, Y-dong, Y-dong, Y-dong, Y-dong, and the Plaintiff and Defendant B were absent on the first and second date of pleading as of the date of pleading of the instant case, but did not appear, although the Defendant’s litigation performer was present.

B. The Plaintiff applied for the designation of the date on November 21, 2016.

2. Determination

A. Both 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 are not present or present again on the date of pleading as determined by the application for designating the date of pleading, the lawsuit shall be deemed to have been withdrawn (Article 268(1) and (2) of the Civil Procedure Act)

The Plaintiff and the Defendants did not appear or appeared on the date of the first and second pleadings as seen earlier.

Even if there was no pleading, and since the Plaintiff applied for the designation of the date after the lapse of one month thereafter, the instant lawsuit was concluded on October 22, 2016, which was the date of the second pleading, as deemed the withdrawal on September 21, 2016.

C. The plaintiff alleged to the effect that he was admitted to a prison and that his body was unable to attend the trial due to Ampha. However, as seen earlier, as long as he did not appear at the given date and time after being duly served, the above reasons alone cannot be deemed to have the effect of deeming the withdrawal of the lawsuit. Thus, the plaintiff's allegation is without merit.

3. Conclusion, the instant lawsuit is filed on January 2016.