1. The instant lawsuit was concluded on August 13, 2016 as deeming the withdrawal of the Defendant’s appeal.

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

Facts of recognition

The following facts are significant or obvious to this court in terms of records:

The judgment of the court of first instance of this case was rendered on April 1, 2016, and the original copy of the judgment was served on the defendant at the domicile of the defendant (Seoul Young-gun B) on April 6, 2016.

On April 20, 2016, the defendant filed an appeal, and the petition of appeal also stated the same address.

On April 29, 2016, this Court served an order to prepare for the name of the defendant at the address above, and the defendant received the above documents directly on May 4, 2016.

The court set the first date for preparatory pleading as “14:45 on June 14, 2016,” and served a notice of the date for preparatory pleading to the Defendant on May 12, 2016, but was returned to this court on the ground that there was no person entitled to receive the notice by means of closure of his/her visit three times via the mailman. This court served the notice by means of registered mail on May 24, 2016, and served the Defendant on May 25, 2016. The Defendant was absent at the first date for preparatory pleading on June 14, 2016, and the Plaintiff was present at the Plaintiff’s manager, but did not appear at the court on May 12, 2016. The second date for preparatory pleading was determined as “14:15 on July 14, 2016,” and the Defendant directly received the said notice to the Defendant on June 16, 2016.

At the time, the plaintiff was absent.

On August 1, 2017, the defendant submitted an application for designation of the date to the court on August 1, 2017, which was about one year after the date for the second pleading.

Judgment

According to Articles 286 and 268(2) and (4) of the Civil Procedure Act, the appeal shall be withdrawn, if both parties have been absent or present at the preparatory date for pleading two times during the appellate trial, but do not apply for the designation of the date within one month after the pleading has not been made.