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1. The instant lawsuit was concluded on January 17, 201 as deemed the withdrawal of the lawsuit.
2. The costs of the lawsuit after the completion of the lawsuit.
Reasons
According to Article 268(1) through (3) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, a request for designation of date shall be made within one month, and if a request for designation of date is not made within one month, the lawsuit shall be deemed to have been withdrawn. ② If both parties fail to appear or present at the hearing on the date specified in the above request for designation of date, the lawsuit shall also be deemed to have been withdrawn.
The plaintiff was absent on October 11, 2016, 11:15 of the first date for pleading and the second date for pleading of November 1, 2016, even when the plaintiff received the notice of legitimate date from this court. The defendant was absent on the first date for pleading of November 1, 2016, and the second date for pleading of November 1, 2016. The defendant did not appear on the second date for pleading, but did not present on the second date for pleading. After which the plaintiff applied for designation of the date on November 21, 2016, the plaintiff was absent on the third date for pleading of January 17, 2017, which was determined accordingly, and the fact that the defendant was absent on the third date for pleading of 10:30 of the third date for pleading of January 17, 20
Therefore, the instant lawsuit was concluded as of January 17, 2017 due to the Plaintiff’s three absence.
In this regard, the plaintiff filed an application for designating a date again to the effect that the plaintiff is deemed to have the effect of the withdrawal of the lawsuit on January 17, 2017, which shall be decided as ordered by the declaration of termination of the lawsuit.