부당이득금
1. The instant lawsuit was concluded on July 24, 2016 as deeming the withdrawal of the Defendant’s appeal.
2. After filing an application for designation of the date.
1. The fact that the Defendant was dissatisfied with the judgment of the first instance court and filed the instant appeal on March 24, 2016, and on the first day for pleading as of June 9, 2016, and on the second day for pleading as of June 23, 2016, the Defendant did not appear even after being lawfully served a notice of each of the date for pleading on the date for pleading as of June 23, 2016, and the Plaintiff was treated as being absent from both parties on two occasions due to the Plaintiff’s failure to appear at each of the above dates, and the fact that the Defendant filed an application for designation of the date for pleading as of September 30, 2016 after one month from the said date is apparent in the record
2. Pursuant to Article 268 of the Civil Procedure Act, if both parties have been absent or have not present at the date of pleading even if they were present at the court during the proceeding of an appellate trial, the appeal shall be deemed to have been withdrawn if no application for designating the date has been filed within one month from the date of pleading where they were absent at the second time, and thus, the appeal by the Defendant was deemed to have been withdrawn on July 24, 2016, when one month from June 23, 2016, which was the date of pleading
3. If so, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal on July 24, 2016, and thus, the declaration of termination of the lawsuit is made.