양수금
1. The instant lawsuit was concluded on September 24, 2019 as deeming the withdrawal of the Defendant’s appeal.
2. After filing an application for designation of the date.
1. The following facts are apparent in the records of recognition:
The judgment of the first instance was sentenced on November 7, 2018, and the defendant filed an appeal on January 18, 2019.
B. The Defendant did not appear on July 24, 2019, which was the first date for pleading, even after being served with the notice of the date for pleading by this court.
Since then, this Court issued a notice of the date of pleading to the Defendant on August 21, 2019 by designating the second date of pleading as the date of pleading on August 21, 2019, but delivered the notice to the Defendant on the date of pleading to the Defendant due to the delivery of the notice
The plaintiff was present at all on the date of the first and second pleadings, but did not present any argument.
C. On October 2, 2019, after one month from the date of the second pleading, the Defendant submitted an application for designation of the date to this court.
2. According to Articles 408 and 268(1) and 268(2) of the Civil Procedure Act, when both parties to an appellate trial have failed to appear or present at the meeting on two occasions during the period of the appellate trial, the court shall apply for the designation of the date within one month, and the appeal shall be deemed to have been withdrawn unless the party fails to apply for designation of the date within
As seen earlier, the Defendant was absent from office on the date of pleading 1 and 2 of this Court even upon receiving the notice of legitimate date, and the Plaintiff was present on the date of pleading 1 and 2 of this Court, but did not present. The Defendant did not file an application for designation of the date from August 21, 2019, which was the date of pleading 2, to September 23, 2019, within one month from August 21, 2019. As such, the instant lawsuit was concluded as the Defendant’s withdrawal of appeal on September 24, 2019.
3. Conclusion, even though the instant lawsuit was concluded as deemed to have been withdrawn by the Defendant on September 24, 2019, the Defendant is disputing the instant lawsuit while submitting an application for designation of the date, etc., and thus, a declaration of termination of the lawsuit is rendered