1. The instant lawsuit is deemed to have been withdrawn on August 9, 2014, and the instant counterclaim lawsuit is deemed to have been filed on May 17, 2015.

1. The following facts are clear by records:

The Plaintiff appeared at the second date for pleading ( April 15, 2014) of the instant case, and notified the third date for pleading ( April 29, 2014), but was absent on the third date for pleading, and the said date for pleading was postponed.

B. The notice of the date for pleading on the fourth date for pleading ( July 8, 2014) of the instant case was lawfully served on June 12, 2014, the Plaintiff was absent on the fourth date for pleading, and the Defendant’s legal representative did not appear, but did not appear.

C. Each notification of the date for pleading on March 2, 2015, and March 25, 2015, as to the date for pleading No. 6 ( March 19, 2015) and the date for pleading No. 7 ( April 16, 2015) of the instant case, was lawfully served on the Defendant’s legal representative on March 2, 2015 and March 25, 2015 (the Defendant’s legal representative resigned on April 9, 2015). The Defendant or the Defendant’s legal representative was not present on the said six and seven legal dates for pleading, and the Plaintiff was absent on the said seven legal dates for pleading, but did not present on the said seven legal dates for pleading, but did not present.

On May 26, 2015, the defendant submitted an application for resumption of pleadings to this court.

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the date of pleading determined by the application for designating the date, the lawsuit shall be deemed to have been withdrawn (Article 268(1), (2), and (3) of the Civil Procedure Act).

In the case of this case, the plaintiff and the defendant did not appear or appeared on the date of the third and fourth pleading as seen earlier.

Even if there was no argument, and the plaintiff did not apply for the designation of the date until one month has passed from that time.