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1. On December 31, 2017, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal.
2. After filing an application for designation of the date.
Reasons
1. The following facts shall be apparent or clearly recorded in this court:
The first instance judgment of this case was sentenced on February 24, 2017, and the Defendant filed an appeal on February 28, 2017 after receiving the above judgment on February 28, 2017.
B. The instant court, on November 2, 2017, designated the first date for pleading of the instant case as 10:00 on November 2, 2017 and the second date for pleading as 11:30 on November 30, 2017, and served a notice of each of the date for pleading on each of the Defendant.
However, even if the defendant was served with this, he did not appear on the date of each pleading, and the plaintiff was present, but did not present.
C. On January 9, 2018, the Defendant submitted an application for designation of the date to this court.
2. In the event both parties have been absent or present at the date of pleading of the appellate trial during the proceeding of the judgment, the appeal shall be deemed to have been withdrawn if they did not file an application for designation of the date within one month (Article 268(4) and (2) of the Civil Procedure Act). According to the above facts, the instant lawsuit was concluded as the withdrawal of appeal by the Defendant on December 31, 2017, one month after the date of the second date of pleading, and the filing date submitted by the Defendant on January 9, 2018 is submitted one month after the second date of pleading, and thus, the filing date submitted by the Defendant on January 9, 2018 does not affect the effect of withdrawal of appeal.
3. In conclusion, this case’s lawsuit was terminated as the defendant’s withdrawal of appeal, and since the defendant filed an application for designation of date to the effect that the defendant contests the validity of the withdrawal of appeal, it is so decided as per Disposition by the declaration of termination of lawsuit pursuant to Articles 68 and 67(3) of the Rules on Civil Procedure.