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1. The instant lawsuit was concluded on March 7, 2019 as deeming the withdrawal of the Defendant’s appeal.
2. Application for the designation of the date of March 13, 2019.
Reasons
1. The following facts shall be apparent or clearly recorded in this court:
The judgment of the court of first instance of this case was rendered on October 17, 2017, and the defendant served the above judgment on October 19, 2017, and filed an appeal on October 30, 2017.
B. On June 14, 2018, the court of this case designated the third date for pleading of this case as the third date for pleading and served a notice of the date for pleading to the Defendant, and the Defendant did not appear on the above date for pleading even if he was served with the notice, and the Plaintiff did not appear, but did not present.
C. Accordingly, the instant court: (a) designated the fourth date for pleading of the instant case as the date for pleading on July 12, 2018 and served a notice of the date for pleading on July 12, 2018 to the Defendant; (b) although the Defendant was served with such notice, the Plaintiff did not appear on the said date for pleading;
On August 1, 2018, the defendant submitted an application for designation of the date.
Since then, the Plaintiff and the Defendant appeared at each of the fifth or seventh pleadings of this case and testified.
E. On March 7, 2019, the instant court issued a notice of the date of pleading to the Defendant’s legal representative by designating the date of pleading No. 8 of the instant case as March 7, 2019.
However, the defendant and the defendant's attorney did not appear on the above date for pleading, and the plaintiff did not appear, but did not present.
F. On March 13, 2019, the Defendant submitted an application for designation of the date.
2. During the appellate trial proceeding, ① if both parties fail to appear or present at the meeting on two occasions, a request for designation of the date shall be made within one month, and if a request for designation of the date is not made within one month, the appeal shall be deemed to have been withdrawn. ② If both parties fail to appear or present at the date of pleading as determined by the above request for designation of the date, or on the subsequent date of pleading, the appeal shall also be deemed to have been withdrawn (Article 268(1) through (4) of the Civil Procedure Act). According to the above facts acknowledged, the appeal of this case