물품대금 등
1. The instant lawsuit was concluded on November 25, 2018 as deeming the withdrawal of the Defendant’s appeal.
2. December 19, 2018
1. The following facts, which, in fact, are apparent or obvious to be recorded in this Court:
The judgment of the first instance court of this case was rendered on November 9, 2017, and the Defendant served the original copy of the said judgment on November 15, 2017, and filed an appeal on November 28, 2017.
B. On June 20, 2018, the Defendant was present at the date for the first pleading of 14:30 on June 20, 2018, and was notified of the second date for pleading, but was absent on the second date for pleading of 14:15 on August 22, 2018.
C. On September 12, 2018, the Defendant was present at the third date for pleading, 14:45, and was notified of the fourth date for pleading on October 24, 2018, and was absent on the fourth date for pleading. D.
The plaintiff was present at all on the date of the fourth and fourth pleading, but did not present at all.
E. On December 19, 2018, one month after the fourth date for pleading, the Defendant asserted the validity of withdrawal of appeal by submitting an application for designation on the date.
2. Determination
A. According to Article 268(4), (1), and (2) of the Civil Procedure Act, when both parties do not appear or present at the court of appeal on two occasions during the course of an appellate trial but do not present at the hearing, an application for designating a date shall be filed within one month, and the appeal shall be deemed to have been withdrawn if no application for designating a date is filed within one month.
The neglect of this date is not necessarily necessary to continue two consecutive times, and it is also difficult to control it.
B. According to the above facts, the instant lawsuit was concluded on November 25, 2018 when one month has elapsed from the fourth date for pleading in the trial, and the Defendant was deemed to have withdrawn the appeal, and the Defendant’s application for designation of the date as of December 19, 2018 was made two times after the lapse of one month from both of the parties’ non-Appearances.
3. Accordingly, the instant lawsuit was concluded on November 25, 2018 as deemed to have been withdrawn by the Defendant’s appeal.
The defendant's motion to designate the date is without merit, and thus, the declaration of termination of the lawsuit is made.