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1. The instant lawsuit was concluded on December 11, 2019 as deemed to have been withdrawn from the appeal.
2. Application for the designation of the date of December 17, 2019.
Reasons
1. Facts of recognition;
A. The Defendants filed an appeal against the judgment of the first instance on February 12, 2018.
B. On December 12, 2018, this court designated the first date for pleading as 11:00 and served a notice of the date for pleading on the Defendants. The Defendants were served with the notice, but did not appear on the said date for pleading, and the Plaintiff did not appear.
C. The Defendants appeared at the third date for pleading on March 13, 2019, and this Court notified the Defendants of the fourth date for pleading on April 10, 2019.
The Defendants did not appear on the fourth day for pleading notified as above, and the Plaintiff did not appear.
The Defendants submitted an application for designation of the date on April 11, 2019, and this Court notified the Defendants of the 8th date for pleading on November 13, 2019 at the 7th date open on November 13, 2019.
The Defendants did not appear on the 8th day of pleading notified as above, and the Plaintiff did not appear, but did not present any pleading.
E. The Defendants submitted an application for designation of the date on December 17, 2019.
2. In the event both parties have failed to appear or appear in the court of appeal on two occasions during the course of the appellate trial, and the pleading has not been made within one month, or both parties have failed to appear or appear in the court on the date for pleading as determined by the application for designation of date, or on the subsequent date for pleading as determined by the application for designation of date, the appeal shall be deemed to have been withdrawn (Article 268(1) through (4) of the Civil Procedure Act). According to the above facts established, the instant lawsuit was concluded on December 11, 2019 by failing to present or present at the meeting on three occasions, and thus, the Defendants’ appeal was dismissed.
3. Conclusion: (a) the Defendants submitted an application for designation to the effect that the Defendants asserted the validity of deeming the withdrawal of appeal on December 17, 2019; (b) thus, the Defendants declare the termination of litigation pursuant to Articles 68 and 67(3) of the Rules of Civil Procedure.