1. The instant lawsuit was concluded on November 27, 201 as deemed to have been withdrawn from the appeal.

2. After filing an application for designation of the date.

1. The following facts are apparent in the records:

On January 20, 2017, the Plaintiff was sentenced to a judgment against the first instance court, and appealed the instant appeal on February 1, 2017.

B. On September 14, 2017, the instant court lawfully notified the Plaintiff of the date for the first pleading No. 14:30, and the date for the second pleading No. 14:40 on October 26, 2017.

However, the Plaintiff did not appear on the date of the first and second pleadings, and the Defendant (Appointed Party) did not appear, but did not present any pleading.

[Defendant (Appointed Party) submitted to November 30, 2017 a letter of appointment of a party attached with a certificate of seal imprint attached thereto.] (C)

On November 28, 2017, the Plaintiff submitted an application to designate a date to this court.

2. Article 268 of the Civil Procedure Act provides, “The appeal shall be deemed to have been withdrawn if both parties, during the course of appellate trial, failed to appear at the date of pleading twice or to present at the court on the date of pleading, and if they fail to make an application for designation of date within one month.”

In this case, the appellant had been absent twice at the date of pleading, and the defendant (appointed party) did not appear and present even though he did not appear.

Moreover, the Plaintiff did not request the designation of the date on November 27, 2017, when one month from the date of the second pleading.

(The second date for pleading was October 26, 2017. However, since it was Sundays on November 26, 2017, when one month thereafter elapsed, the Plaintiff is obligated to file an application for designation of date pursuant to Article 161 of the Civil Act by November 27, 2017, the following day following the second date for pleading. Therefore, the instant lawsuit was deemed to have been withdrawn on November 27, 2017, when one month from the second date for pleading.

3. In conclusion, the Plaintiff applied for the designation of the date on November 28, 2017, which was after the Plaintiff had the effect of deeming the withdrawal of an appeal as above. Since this purport is to dispute the validity of deeming the withdrawal of an appeal, it shall be determined pursuant to Articles 68 and 67(3) and (2) of the Rules on Civil Procedure.