손해배상(기)
1. On March 10, 2017, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s appeal.
2. After filing an application for designation of the date.
1. Both parties were not present or present at the date of pleading in the litigation proceedings of the appellate trial
Even if there was no pleading, and both parties did not appear or appeared on the new date of pleading or the date of pleading opened thereafter.
Even if the plaintiff did not appear within one month, the appeal shall be deemed to have been withdrawn if the plaintiff did not file an application to designate a date within one month (Article 268(1), (2), and (4) of the Civil Procedure Act). 2. The plaintiff filed an appeal on January 13, 2017, when the plaintiff did not appear at the first date for pleading, and the defendant did not appear at the second date for pleading on February 10, 2017, and the plaintiff filed an application to designate a date on March 13, 2017, when the plaintiff did not appear at the second date for pleading on February 10, 2017.
3. The Plaintiff’s assertion that an application for designating a date was made within 30 days, but not one month, cannot be deemed as having any ground falling under the non-existence or invalidation in the deeming withdrawal of an appeal. As such, this lawsuit ought to be deemed to have been withdrawn on March 10, 201, when one month has elapsed from the second date for pleading.
Pursuant to Articles 68, 67(1), (2) and (3) of the Rules of Civil Procedure, the termination of litigation shall be declared by judgment.