1. The instant lawsuit was concluded on August 1, 2016 as the withdrawal of the Defendant’s appeal.

2. After filing an appeal.

1. Facts of recognition;

A. The defendant filed an appeal to this court against the judgment of the first instance.

B. On June 2, 2016, the first date for pleading of the trial, the Defendant was absent from the service of the notice of the date for pleading on June 2, 2016, and on June 30, 2016, the second date for pleading, the Defendant was absent from the service of the notice of the date for pleading.

C. The Plaintiff did not appear on the date of the first pleading, but did not appear on the date of the second pleading. D.

On August 2, 2016, the defendant applied for the designation of the date.

[Grounds for Recognition]

2. Pursuant to Article 268 of the Civil Procedure Act, the instant lawsuit was deemed to have been withdrawn by the Defendant on August 1, 2016, when one month has elapsed from the date of the second pleading, and the Defendant’s application for designation of the date on August 2, 2016 was filed two occasions after the lapse of one month from the absence of both parties, and thus has no effect.

3. In conclusion, the instant lawsuit was concluded as deemed the withdrawal of the Defendant’s appeal, and the Defendant is dissatisfied with the request for designation of the date again. Therefore, it is so decided as per Disposition by the declaration of termination of the lawsuit.