1. On June 1, 2017, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s appeal.

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

1. The following facts of recognition are remarkable or obvious in records in this court:

On December 14, 2016, the Plaintiff served the authentic copy of the judgment of the first instance on December 14, 2016, and filed an appeal on December 27, 2016.

B. The court of first instance sent a notice of the date for pleading to the Plaintiff on March 14, 2017, but the Plaintiff did not appear on the date for pleading of the first instance court held on April 6, 2017, which was held on April 10:20.

C. The court of first instance sent a notice of the second date for pleading to the Plaintiff on April 11, 2017, but the Plaintiff did not appear on the second date for pleading held on April 27, 2017.

On April 27, 2017, the Plaintiff applied for the designation of the date.

E. The court of first instance sent a notice of the third date for pleading to the Plaintiff on May 4, 2017. However, the Plaintiff did not appear on the third date for pleading held on June 1, 2017, which was held on June 1, 2017.

2. According to the above facts of recognition, the instant lawsuit is deemed to have been terminated by deeming that the Plaintiff’s appeal was withdrawn on June 1, 2017, which was the third day for pleading of the trial, pursuant to Articles 408 and 268 of the Civil Procedure Act, due to the Plaintiff’s failure to appear on the date for pleading of the trial first and second day for pleading of the trial, and thereafter failed to appear on the third day for pleading of the trial, which was determined by the application for

Such withdrawal of an appeal is legally effective as a matter of course due to the fulfillment of the foregoing requirements, and cannot be determined by the court or the parties’ intent, and even if the parties were to perform a litigation, such effect cannot be denied, and cannot be arbitrarily handled according to the court’s discretion, the content of the litigation case, and the progress (see Supreme Court Decision 81Da94, Oct. 12, 1982). Thus, even if the Plaintiff submitted a written application for change of the date, reply, and the written report on change of the place of delivery, which can be seen as the purpose of applying for the designation of the date on June 7, 2017, and was present on the fourth date for pleading on July 13, 2017, the effect of the withdrawal of appeal affects the principle