1. The instant lawsuit was concluded on November 17, 2018 as deeming the withdrawal of the Defendant’s appeal.

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

1.The following facts may be established on the records or on the basis of the overall purport of the pleadings:

The judgment of the court of first instance (the judgment of the court of first instance that deemed confessions pursuant to Article 208(3)2 and Article 150(3) of the Civil Procedure Act) was rendered on September 4, 2009, and the defendant submitted a written appeal to the court of first instance on February 23, 2018, which is after the period of appeal against the judgment of the court of first instance expires.

B. On July 17, 2018, the first date for preparatory pleading was determined as the first date for preparatory pleading on July 17, 2018, and the court changed the said date to the 14:00 on August 14, 2018 upon an application for change by the Defendant’s attorney (Attorney N), but thereafter changed to the 10:30 on September 4, 2018 upon application for change by the Plaintiff’s attorney.

Notice of the date for preparatory pleading and each change notification were served on July 2, 2018 and July 10, 2018 and August 14, 2018 on both legal representatives.

The defendant and the defendant's attorney (Attorney N) were absent during the first preparatory date for pleading, and the plaintiff's attorney was present, but did not present.

C. On October 16, 2018, the court of the first instance determined the date for preparatory pleading of the second time as the date for preparatory pleading of October 16, 2018, and the said notice was served on the Defendant’s attorney (Attorney N) on September 10, 2018.

After that, the defendant's attorney (Attorney N) submitted a letter of resignation on September 19, 2018.

The Defendant had been absent at the date for preparatory pleading of the second time, and the Plaintiff’s attorney appeared, but did not present any argument.

On November 27, 2018, the defendant submitted an application for designation of the date.

2. Determination

A. According to Articles 286 and 268(2) and (4) of the Civil Procedure Act, even if both parties have been absent or present at the date for preparatory pleading two times during the course of the appellate trial, if both parties have not present at the date for preparatory pleading, an application for designating the date shall be made within one month, and if an application for designating the date has not been made within one month, the appeal shall

B. According to the facts acknowledged above, the defendant received legitimate notification of date and received the first, second, the court of the trial.