1. The instant lawsuit was concluded on June 5, 2018 as deeming the withdrawal of the Defendant’s appeal.

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

1. The Defendant was dissatisfied with the judgment of the first instance court and filed the instant appeal on November 21, 2017, and on the date for the first pleading on April 4, 2018, and on the second pleading on May 2, 2018, the date for the second pleading on May 2, 2018, the Defendant did not appear lawfully, and the Plaintiff was treated as being absent on two occasions due to the Plaintiff’s failure to appear on each of the above dates, and the fact that the Defendant filed an application for designation of the date for the pleading on July 2, 2018, is apparent in the record.

2. In accordance with Article 268(2) and (4) of the Civil Procedure Act, where both parties have been absent or have not present at the date for pleading two times during the proceeding of an appellate trial, and have failed to file an application for designation of the date within one month from the date for pleading of the second absence, the appeal shall be deemed to have been withdrawn. Since the Defendant did not file an application for designation of the date within one month from May 2, 2018, which is the date for pleading of the second instance, the Defendant’s appeal was deemed to have been withdrawn on June 5, 2018 (the date for pleading of June 2, 2018, which is the last day of the first month, is a Saturday and on Sundays, and thus, on June 3, 2018, an application for designation of the date for pleading made on July 2, 2018 shall not affect the withdrawal of the appeal.

3. If so, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal on June 5, 2018, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.