1. The instant lawsuit was concluded on July 31, 2018 as deemed the withdrawal of the appeal by the Defendant (Counterclaim Plaintiff).

2. Application for designation of the date;

1. The facts that the Defendant appealed against the judgment of the court of first instance on May 17, 2017, and filed the instant appeal on May 17, 2017, and on the date of the second pleading on May 24, 2018, and on the third pleading on June 28, 2018, the Defendant did not lawfully receive each notice of the date of pleading on the date of the second pleading on May 24, 2018, and the third pleading on June 28, 2018, and the Plaintiff’s agent was absent on two occasions because he did not appear on each of the above dates, and the fact that the Defendant filed an application for designation of the date of pleading on August

2. In accordance with Article 268(2) and (4) of the Civil Procedure Act, where both parties have been absent or have not present at the date of pleading two times during the proceeding of an appellate trial, and have failed to file an application for designating the date within one month from the date of pleading for the second time, the appeal shall be deemed to have been withdrawn. Since the Defendant did not file an application for designating the date within one month from June 28, 2018, which is the third date of pleading, the Defendant’s appeal was deemed to have been withdrawn on July 31, 2018 (i.e., July 28, 2018, which is the last day of the one-month period, and on Sundays, July 29, 2018, an application for designating the date shall have been filed by July 30, 2018), the Defendant shall not be deemed to have any effect on the withdrawal of the appeal.

3. If so, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal on July 31, 2018, and thus, it is so decided as per Disposition with the declaration of termination of the lawsuit.