1. The instant lawsuit was concluded on August 8, 201 as deemed to have been withdrawn from the appeal.

2. The costs of the lawsuit after the request for setting the date.

1. The following facts of recognition are clear in records:

The plaintiff filed an appeal with this court against the judgment of the first instance.

On June 15, 2017, 11:30 on the first date for pleading, and July 6, 2017, 11:00 on the second date for pleading and July 6, 2017, the court notified the Plaintiff of the validity of the arrival on the second date for pleading and on June 12, 2017, and June 28, 2017. The Plaintiff did not appear at the court on the first date for pleading, and the Defendant’s attorney did not present at the court on the first date for pleading, but did not appear both on the second date for pleading.

On August 22, 2017, the Plaintiff submitted an application for designation of the date to this court.

2. Article 268 of the Civil Procedure Act, during the course of an appellate trial, both parties did not appear or were present two times at the date of pleading.

Even if a pleading is not made, the appeal shall be deemed to have been withdrawn if the request for designation of the date is not made within one month.

In this case, the Plaintiff, the appellant, was absent on two occasions at the date for pleading, and the Defendant’s attorney did not appear in court or did not appear in court, and the Defendant’s attorney did not file an application for designation of the date on August 7, 2017 (the second date for pleading was July 6, 2017, but August 6, 2017, since the date for pleading was Sundays, it would be August 7, 2017) which was one month from the second date for pleading, the instant lawsuit was deemed to have been withdrawn on August 8, 2017, when one month from the second date for pleading.

3. In conclusion, the Plaintiff applied for the designation of a date again on August 22, 2017, which was after the Plaintiff had already taken effect as seen above, which is the purport of disputing the validity of the withdrawal of an appeal, and thus, it is so decided as per Disposition by a judgment pursuant to Articles 68 and 67(3) of the Rules on Civil Procedure, by declaring the completion of the instant lawsuit.