1. The instant lawsuit was concluded on March 8, 2019 as deeming the withdrawal of the Defendants’ appeal.

2. dated 11, 2019

1. The following facts of recognition are remarkable or obvious in records in this court:

On June 27, 2017, the Plaintiff filed a lawsuit against the Defendants and D with Seoul Central District Court No. 2017Da26760, May 17, 2018, which rendered the judgment of the first instance that the Defendants and D jointly and severally paid KRW 15,00,000 to the Plaintiff and the delay damages therefor.

The Defendants appealed against the judgment of the court of first instance.

B. The Defendants, despite being served with the notice of the date for pleading on September 13, 2018, were absent on the date for pleading No. 10:00 on October 19, 2018, and the Plaintiff was present on the date for pleading No. 10,00, but did not present at the first date for pleading.

C. The Defendants were served a notice of the date for pleading on October 23, 2018, but were absent on the date for the second pleading on November 16, 2018, and the Plaintiff did not appear on the date for the second pleading.

The Defendants filed an application for the designation of the date on November 26, 2018, and served a notice of the date of pleading on December 3, 2019. On January 16, 2019, the Defendants were absent on March 15:40, 2019, even though they served a notice of the changed date on January 16, 2019, and the Defendants were absent on the third date of pleading, and the Plaintiff’s attorney did not appear on the third date of pleading, but did not present.

E. On March 11, 2019, the Defendants asserted the validity of the withdrawal of an appeal upon submitting an application for resumption of pleadings.

2. Determination

A. According to Article 268 of the Civil Procedure Act, even if both parties were not present at the date of pleading or present at the court of appeal two times, the parties did not present at the date of pleading, and even if both parties did not appear at the meeting or present at the meeting within one month thereafter, the withdrawal of an appeal becomes effective.

B. According to the above facts, the Defendants were absent on the first and second legal date for pleading even after receiving a notice of due date for pleading, and the Defendants filed an application for designation of the designated date by the Defendants within one month thereafter.