양수금
1. The instant lawsuit was concluded on June 2, 2015 as deeming the withdrawal of the Defendant’s appeal.
2. After the completion of the lawsuit.
In the first instance court of this case, a copy of the complaint and the original judgment against the defendant were served by public notice. The defendant appealed against the judgment of the first instance court and filed an appeal for subsequent completion on December 2, 2014, and the defendant was not present at the third day for pleading on April 10, 2015, even when he/she lawfully served a notice of each of the date for pleading, and on the third day for pleading on May 1, 2015. The plaintiff was present at each of the above dates for pleading, but did not present at each of the above dates for pleading, and the fact that the defendant did not present at each of the above dates for pleading, and the fact that he/she submitted an application for change of the date for pleading to the effect that he/she applied for designation as the date for pleading on July 14, 2015,
Pursuant to Article 268(2) and (4) of the Civil Procedure Act, if both parties have been absent or have not present at the date of pleading two times during the appellate trial proceeding, the appeal shall be deemed to have been withdrawn if there is no application for designation of date is filed within one month from the date of pleading in the second absence. Thus, the appeal by the Defendant was deemed to have been withdrawn on June 2, 2015, when one month from May 1, 2015, which was the date of pleading in the third place.
Therefore, since the lawsuit in this case is deemed to have been withdrawn by the defendant on June 2, 2015, it shall be decided as ordered by the declaration of termination of the lawsuit.