1. The instant lawsuit was concluded on February 13, 2017 as deeming the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

On August 30, 2016, the Defendant was dissatisfied with the first instance judgment and filed the instant appeal on August 30, 2016, and on the first day for pleading on November 30, 2016, the first day for pleading on January 30, 2016, and the third day for pleading on January 11, 2017, the Defendant did not appear even after being duly served with each notice of the date for pleading (the second day for pleading on December 14, 2016 was postponed since the Defendant was not given notice of the date for pleading on the second day for pleading on December 14, 2016). The Plaintiff was present on each of the above dates and was treated as non-Appearance of both parties because the Plaintiff did not appear on two occasions, and the fact that the Defendant filed an application for designation of the date for pleading on February

In accordance with Article 268(2) and (4) of the Civil Procedure Act, if both parties have been absent or have not present at the date of pleading two times during the appellate trial proceeding, but have failed to file an application for designating a date within one month from the date of pleading for the second time, the appeal shall be deemed to have been withdrawn. Since the Defendant did not file an application for designating a date within one month from January 11, 2017, which is the third date of pleading, the Defendant’s appeal was deemed to have been withdrawn on February 13, 2017 ( Sundays as of February 12, 2017), and the Defendant’s application for designating a date of pleading as of February 21, 2017, does not affect the effect of deeming the withdrawal of the appeal.

If so, the lawsuit in this case is deemed to have been withdrawn by the defendant on February 13, 2017, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.