대여금
1. The instant lawsuit was concluded on February 12, 2019 as deeming the withdrawal of the Defendant’s appeal.
2. Application for the designation of the date of March 11, 2019.
1. The following facts shall be apparent or clearly recorded in this Court:
The judgment of the first instance court of this case was rendered on June 21, 2018, and the Defendant served the original copy of the said judgment on June 27, 2018, and filed an appeal on July 11, 2018.
B. On November 2, 2018, the Defendant was served with the notice of the date for pleading on December 14, 2018, but was absent on the first date for pleading of December 14, 2018.
C. On December 19, 2018, the Defendant was served with the notice of the date of pleading on the date of pleading on January 11, 2019, but was absent on the second date of pleading on January 11, 2019.
The plaintiff was present at the date of the first and second pleadings, but did not present at all.
E. On March 11, 2019, one month after the second 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an application for designating a date shall be filed within one month, and the appeal shall be deemed to have been withdrawn if no application for designating a date is filed within one month.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 February 12, 2019 when one month has elapsed from the date of the second pleading in the trial, and the Defendant deemed to have withdrawn the appeal. The Defendant’s application for designation of the date as of March 11, 2019 was filed on two occasions after the lapse of one month from both of the parties’ absence, and thus, is invalid.
3. Accordingly, the instant lawsuit was concluded on February 12, 2019 as the Defendant’s withdrawal of appeal.
The defendant's motion to designate the date is without merit, and thus, the declaration of termination of the lawsuit is made.