1. The instant lawsuit was concluded on May 12, 2018 as deemed to have been withdrawn.

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

According to Article 268(1), (2), and (3) of the Civil Procedure Act, both parties did not appear or appeared on 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Even if no pleading has been made, the lawsuit shall be deemed to have been withdrawn if the application for designation of the date has not been filed within one month.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 at 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) and the court’s discretion is not recognized as a matter of course (see, e.g., Supreme Court Decision 81Da94, Oct. 12, 1982). Even when the Plaintiff was duly notified by this court of the date for pleading, the Defendant’s attorney was absent on March 28, 2018, and the Defendant’s attorney did not appear, but did not state his/her opinion; the Plaintiff was absent on the second date for pleading, Apr. 11, 2018, and the fact that the Plaintiff filed an application for the designation of date with this court on May 14,

The instant lawsuit was concluded on May 12, 2018, when one month has elapsed from April 11, 2018, which was the second date for pleading pursuant to Article 268(2) of the Civil Procedure Act, because the Plaintiff was absent on two occasions and did not file an application for designating the date within one month thereafter. In addition, the Plaintiff’s application for designating the date was filed after the lapse of one month from the second date for pleading, and the Plaintiff’s application for designating the date did not affect the effect of the withdrawal of the lawsuit.

Therefore, the instant lawsuit was concluded as deemed withdrawal of the lawsuit on May 12, 2018 due to the Plaintiff’s second absence, and thereafter, the Plaintiff filed an application for designation of date to the effect that the Plaintiff contests the validity of the withdrawal of lawsuit on May 14, 2018, and thus, it is so decided as per Disposition.