약정금
1. The instant lawsuit was concluded on April 6, 2016 as the withdrawal of the Defendant’s appeal.
2. After filing an application for designation of the date.
1. Determination ex officio: (a) the Defendant was absent on September 16, 2015 when receiving a notice of the first date for pleading from the court of first instance on September 7, 2015; (b) the Defendant was absent on the third date for pleading from November 6, 2015; and (c) the Defendant was absent on the third date for pleading from the court on December 9, 2015, when receiving a notice of the third date for pleading from the court of first instance on September 7, 2015; and (d) the Defendant applied for the designation of date to the court on December 29, 2015, when the Defendant applied for the designation of date from the court on December 29, 2015, and thereafter, at the fourth date for pleading from the presiding judge on March 9, 2016, the Plaintiff was not present on the fifth date for pleading (in addition, information on the date for pleading from the court of first instance on April 14:00, 2016).
According to the above facts, the defendant was absent on the date of pleading two times even after receiving the notice of legitimate date, and thereafter did not appear again on the fifth date of pleading, which is after the fourth date specified by the defendant's application for designation of date, after the fourth date of pleading. Thus, the lawsuit in this case was terminated on April 6, 2016 as the withdrawal of appeal in accordance with Article 268(4), (3), and (2) of the Civil Procedure Act.
As to this, the defendant alleged to the effect that the withdrawal of an appeal has no effect since the time when the defendant appeared on the fifth date for pleading was delayed for 20 minutes or on the third date for pleading, which was confined to the detention house, and was not present at the trial, but did not attend the trial. However, as seen earlier, as long as the defendant was served with lawful delivery and did not attend the fixed date and time, the above reasons alone cannot be deemed to have been present on the date for pleading
2. In conclusion, a declaration of the completion of the lawsuit in this case is to be rendered, and it is so decided as per Disposition.