1. On June 11, 2018, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal.

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

1. The following facts are apparent in the records of recognition:

The defendant filed an appeal against the judgment of the first instance on May 19, 2017.

B. The Defendant was present on the date for the second pleading and notified of the third date for pleading, but did not appear on the third date for pleading, which was held on March 15, 2018.

At this time, the plaintiff was present, but did not present.

C. After the date of the fourth pleading, the Defendant was present on the date of the fifth pleading, and was notified of the date of the fifth pleading, but did not appear on the fifth pleading that was held on May 10, 2018.

At this time, the plaintiff was served with the notice of the date of pleading.

After that, on November 1, 2018, after one month from the fifth date for pleading, the defendant submitted an application for designation of the date to this court.

Accordingly, this court designated the sixth date for pleading as 11:40 on November 29, 2018 and notified it, and the defendant was present on the above date.

2. According to Article 268 of the Civil Procedure Act regarding the determination as to whether to withdraw an appeal, both parties were absent or present at the appellate court twice at the date of pleading.

Even if no pleading is made, if no pleading is made, the appeal shall be deemed to have been withdrawn, and the judgment of the first instance shall become final and conclusive, as it is, if no application for designating the date is filed within one month from

As seen earlier, the Defendant was absent on the fifth date for pleading, and did not file an application for designating a date within one month thereafter. As such, the instant lawsuit was concluded on June 11, 2018, which was the day after one month from the fifth date for pleading.

Such a determination of withdrawal of an appeal is naturally effective due to the fulfillment of the above requirements, and cannot be determined by the court or the parties’ intent, and even if the parties’ intent is the performance of a lawsuit, such effect cannot be denied, and may be arbitrarily handled in accordance with the court’s discretion, the contents of the litigation case, and the progress.