1. The Plaintiff’s instant lawsuit against Defendant C was final and conclusive on January 30, 2020 as deeming the withdrawal of Defendant C’s appeal.

2...

1. Whether the Plaintiff’s instant lawsuit against Defendant C is terminated

(a) The facts below the facts of recognition are recognized in the records;

(1) Defendant C appealed against the judgment of the first instance court, and was served with the notice of the date for pleading on October 17, 2019, but did not appear on the first day for pleading of this Court, which was open at the first day for pleading.

(2) Defendant C appeared on the date of the second pleading opened on October 29, 2019, and was notified of the date of the third pleading on November 28, 2019, but was absent on the third pleading date opened on November 28, 2019.

(3) The Plaintiff was present at the first day for pleading in this Court, but did not present as to Defendant C, and the Plaintiff did not present as to Defendant C at the third day for pleading, but did not present as to Defendant C.

(4) On December 9, 2019, when Defendant C was absent on the third date for pleading, and filed an application for designation of the date for pleading with this court on December 9, 2019, when it submitted an application for designation of the date for pleading, and this court received a notification of the date for pleading from this court, but did not appear on the fourth date for pleading opened on January 30, 2020.

The plaintiff was present at the date of the fourth pleading, but did not present.

B. According to the above facts of recognition, the lawsuit of this case against the defendant C was absent on the second day pursuant to Article 268 of the Civil Procedure Act, and the above defendant's appeal is deemed to have been withdrawn on January 30, 2020 because the above defendant was not present on the fourth day of pleading determined by the above defendant's request.

After that, although the above defendant applied for the designation of the date again on February 19, 2020, it does not affect the validity of deeming the withdrawal of an appeal since it was submitted after the time when the appeal is deemed to have been withdrawn.

Therefore, the Plaintiff’s instant lawsuit against Defendant C was concluded on January 30, 2020 as deeming the withdrawal of Defendant C’s appeal.

According to the records, it is deemed that Defendant C stated on October 29, 2019 on the third date for pleading, but Defendant C was absent, and the Plaintiff was Defendant B.