대여금
1. The instant lawsuit was concluded on December 11, 2016 as deeming the withdrawal of the Defendant’s appeal.
2. After filing an application for designation of the date.
The Defendant is dissatisfied with the judgment of the first instance court on May 17, 2016 and filed the instant appeal; the Defendant did not appear lawfully on October 27, 2016 and on November 10, 2016, each notice of the date of pleading on the date of the first instance trial at the trial at the trial at the trial at the trial at the trial at the trial on October 27, 2016; the attorney of the Plaintiff and the succeeding intervenor was present on the date of the first instance trial at the trial at the trial at the trial at the trial and the second trial at the trial at the trial at the trial at the trial at the trial, but did not present at the trial; the Defendant applied for the designation of the date on March 9, 2017 at the trial at the trial
In accordance with Article 268(2) and (4) of the Civil Procedure Act, where both parties have been absent or have not present at the date of pleading two times during the appellate trial proceeding, if both parties have not present at the date of pleading, and have failed to file an application for designating the date within one month from the date of pleading for the second time, the appeal shall be deemed to have been withdrawn. The appeal by the Defendant shall be deemed to have been withdrawn on December 11, 2016, when one month has elapsed from November 10, 2016, which was the date of pleading for the second time. The Defendant’s application for designating the date of pleading as of March 9, 2017, does not affect the effect of deeming the withdrawal.
If so, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal on December 11, 2016, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.