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The following facts are significant or obvious to this court in terms of records:

The defendant filed an appeal on October 12, 2016 against the judgment of the first instance court.

On January 13, 2017, the Defendant received a notice of the first pleading date (20 on February 3, 2017), but submitted an application for postponement of the date of pleading on January 18, 2017, and this court designated the date of pleading on March 24, 2017.

However, on March 24, 2017, the Defendant was absent on the date of the first pleading in this Court, which was held in March 24, 2017, and the Plaintiff’s attorney was present on the date of the first pleading, but did not present it.

The Defendant received a notice of the second pleading date on March 28, 2017, but was absent at the second pleading date in this court held on April 28, 2017, and the Plaintiff’s attorney was present at the second pleading date, but did not present at the second pleading date.

On June 14, 2017, the defendant submitted an application for designation of the date.

Judgment

According to the above facts, pursuant to Article 268(4) and (2) of the Civil Procedure Act, this case was terminated on May 29, 2017 when one month has elapsed from the date of the second pleading of this court, and on May 29, 2017, the application for designation of the date of June 14, 2017 was submitted after the lapse of one month from the absence of both parties. Thus, this case does not affect the validity of the principle of withdrawal of appeal.

In conclusion, the Plaintiff’s instant lawsuit against the Defendant was terminated on May 29, 2017 as the Defendant’s recommendation of withdrawal of appeal. Since the Defendant filed an application for designation of date to the effect that the Defendant contests the validity of withdrawal of appeal, it is decided as per Disposition by the declaration of termination of lawsuit.