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1. The instant lawsuit was concluded on December 18, 2015 as deeming the withdrawal of the Defendant’s appeal.
2. After the completion of the lawsuit.
Reasons
1. The facts under the recognition are either apparent in the records or obvious to this Court.
On March 3, 2015, the Plaintiff filed a lawsuit against the Defendant, such as the statement in the purport of the claim, and received a judgment in favor of the Plaintiff in the first instance court, and the Defendant filed an appeal on March 24, 2015.
B. Although the Defendant was served a notice of the date of first pleading on September 17, 2015, the Defendant was absent on October 20, 2015, and the Plaintiff’s attorney was present on the date of first pleading, but did not present at the said date of pleading.
C. On October 23, 2015, the Defendant was absent on November 17, 2015, while receiving a notice of the second date for pleading on October 23, 2015, and the Plaintiff’s attorney was also present at the date for pleading, but did not present at the pleading.
The defendant applied for the designation of date only on January 12, 2016, which was one month after the second date for pleading.
2. The judgment of the Defendant is deemed to have been concluded on November 17, 2015 when one month has elapsed from November 17, 2015, which was the second date for pleading pursuant to Article 268(4) and (2) of the Civil Procedure Act, by deeming that the Defendant’s appeal was withdrawn and terminated on December 18, 2015, when both notice of the first and second date for pleading was served lawfully by this court on two occasions, and no application was filed for designating the date within one month thereafter.
3. In conclusion, it is decided as per Disposition by the declaration of termination of the lawsuit in this case.