임대차보증금반환
1. The instant lawsuit was concluded on December 14, 2015 as deeming the withdrawal of the Defendant’s appeal.
2. After filing an application for designation of the date.
1. The following facts of recognition are remarkable or obvious in records in this court:
On January 22, 2015, the court of first instance rendered a judgment that fully accepts the plaintiff's claim, and the defendant appealed against the above judgment of the first instance and filed an appeal on May 27, 2015.
B. On October 16, 2015, this Court: (a) designated the first date for pleading as the date for pleading on October 16, 2015; (b) served the Defendant a notice of the date for pleading on September 14, 2015; (c) the Defendant was absent on the first date for pleading; and (d) the Plaintiff did not appear and present at the first date for pleading.
C. This Court: (a) designated the date for the second pleading as 10:05 on November 13, 2015; (b) served the Defendant a notice of the date for the second pleading on October 21, 2015; (c) was absent from the Defendant on the date for the second pleading; and (d) the Plaintiff did not appear and present at the date for the second pleading.
On January 18, 2016, the defendant submitted an application for designation of the date to this court on January 18, 2016, one month after the second date for pleading.
2. During the appellate trial proceeding, both parties were absent or present at the date of pleading on two occasions.
Even if no pleading is made, the appeal shall be deemed to have been withdrawn if no request for fixed date is filed within one month from the date of pleading for the second absence (Article 268(2) and (4) of the Civil Procedure Act). Such deemed withdrawal of an appeal is a legal effect naturally arising due to the fulfillment of the above requirements, and cannot be determined by the court or the parties’ intent. Even if the parties are willing to perform the litigation, such effect cannot be denied, and it shall not be arbitrarily handled in accordance with the court’s discretion or the contents and progress of the litigation case
(see, e.g., Supreme Court Decision 81Da94, Oct. 12, 1982). According to each of the above facts acknowledged, the Defendant was absent on the date for pleading twice even after receiving a legitimate notice of date from this court. On November 13, 2015, which is the date for pleading for the second time.