The instant lawsuit was concluded on August 22, 2020 as deeming the withdrawal of the Defendant-Counterclaim Plaintiff’s appeal.

An application to designate a date;

1. The judgment of the first instance court of this case was rendered on September 19, 2019, and the defendant filed an appeal on October 2, 2019; the defendant was present on the date for the first pleading of this court on May 19, 2020 and notified that the second date for pleading was July 7, 2020 by this court; the defendant was absent from the court on the second date for pleading; the plaintiff was present on the part of the plaintiff; the plaintiff was not present on the second date for pleading; the court issued a notice of the date for pleading on July 21, 2020 to the defendant on the third date for pleading on July 8, 2020; the defendant was absent on the third date for pleading; the fact that the plaintiff did not appear on the third date for pleading; the defendant submitted an application for the designation on August 31, 2020 to the court on July 21, 2020.

2. Determination

A. According to Articles 408 and 268 of the Civil Procedure Act, in cases where both parties have been absent or have not present at the date of pleading two times during the proceeding of an appellate trial, if both parties have not present at the date of pleading, the appeal shall be deemed to have been withdrawn, if both parties have failed to apply for designation of the date within one month from the date of pleading in the second absence, or have failed to present at the date determined by the request for designation of the date, or if both

B. According to the above facts, the Defendant, who was the appellant, was absent on the date of the second and third pleadings, respectively, and did not file an application for the designation of the date within one month from the date of the third pleading (within one month from July 21, 2020, which was within one month from July 21, 2020), and the instant lawsuit was concluded to be deemed to have been withdrawn from the appeal on August 22, 2020.

3. In conclusion, the instant lawsuit was concluded as deemed to have been withdrawn by the Defendant on August 22, 2020. On August 31, 2020, the Defendant filed an application for designating a date with this court on the premise that the Defendant contests the validity of deemed withdrawal of an appeal on August 31, 2020, and thus, it is so decided as per Disposition by the declaration of termination of a lawsuit pursuant to Articles 68 and 67(3) of the Rules on Civil Procedure