1. The instant lawsuit was concluded on July 15, 201 as the withdrawal of an appeal.

2. After filing an application for designation of the date on August 10, 2017.

1. The facts under the recognition are clear in the records or significant in this court.

The Defendant filed an appeal with this Court against the judgment of the first instance, and this Court designated the date of the first pleading as 11:20 on May 17, 2017 and sent the notice of the first pleading to the Plaintiff and the Defendant respectively.

On March 27, 2017, a notice of the first date for pleading was served on the Plaintiff on March 27, 2017, and on April 3, 2017, respectively, to the Defendant, and the Plaintiff was present on the first date for pleading, but the Plaintiff was not present, and the Defendant was

B. On June 14, 2017, this Court issued a notice of the second date for pleading to the Plaintiff on June 14, 2017, and issued the notice of the second date for pleading to the Defendant on June 6, 2017, and received the notice of the second date for pleading on June 12, 2017.

The plaintiff and the defendant did not appear on the second day for pleading.

C. On August 10, 2017, the Defendant submitted a petition of appeal to the effect of applying for designation of the date.

2. Determination

A. Articles 408 and 268 of the Civil Procedure Act provide that where both parties are absent or have not present at the date of pleading two times or more, the appeal shall be deemed to have been withdrawn, if both parties fail to apply for designation of the date within one month, or fail to present at the designated date, or to present at the subsequent date, or even if both parties are present at the meeting, the appeal shall be deemed to have

B. According to the facts acknowledged earlier, the pleadings did not proceed due to the Defendant’s absence on the date for the first and second pleadings even after receiving the notification of lawful date. Since the Defendant did not file an application for designating the date within one month, the instant lawsuit was concluded as the withdrawal of appeal on July 15, 2017.

C. The Defendant asserts to the effect that the validity of the withdrawal of an appeal should be denied because there is a considerable reason for failure to appear on the date of the first and second pleadings. However, the effect of deeming the withdrawal of an appeal is the requirement.