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1. The instant lawsuit was concluded on October 7, 2014 as deeming the withdrawal of the Plaintiff’s appeal.
2. After filing an application for designation of the date.
Reasons
1. The following facts of recognition are apparent to be recorded:
On December 18, 2013, the court of first instance rendered a judgment accepting part of the plaintiff's claim, and the plaintiff filed an appeal on January 15, 2014.
B. The instant court attempted to serve a notice of the date of pleading on the date of pleading for the first time of pleading on the Plaintiff’s domicile, but it was impossible to serve on May 29, 2014 due to the absence of the three-time closures, and sent it to the Plaintiff by registered mail on May 29, 2014. The Plaintiff was absent on May 30, 2014, and the Defendant was also absent on the first date of pleading for pleading.
C. On June 3, 2014, the Plaintiff was served with the notice of the date for pleading by mail, but was not present at the second date for pleading on June 13, 2014, and the Defendant was also absent.
On July 4, 2014, the Plaintiff submitted an application for the change of the date to the effect that the date for pleading is designated. On July 25, 2014, this Court designated the third date for pleading on July 25, 2014.
E. While the Plaintiff was notified of the following date on the fourth date for pleading, the Plaintiff was absent on the fifth date for pleading on October 7, 2014, and the Defendant was also absent.
2. According to the above facts of recognition, the Plaintiff was absent on the date of pleading two times even after being notified of legitimate date, and thereafter did not appear again on the fifth day of pleading, which is after the third day of pleading, as determined by the Plaintiff’s application for designation of the date of pleading, and thus, the instant lawsuit was terminated on October 7, 2014 pursuant to Article 268(4), (3), and (2) of the Civil Procedure Act.
3. In conclusion, the declaration of termination of the lawsuit in this case shall be made with respect to the lawsuit in this case and it is so decided as per Disposition.