The instant lawsuit was concluded on July 14, 2020 as deemed the withdrawal of an appeal.

2. On July 17, 2020, after filing an application for the designation of the date.

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

On November 19, 2018, the Plaintiff filed a lawsuit against the Defendant for the claim for penalty (2018da93591), and was sentenced to the first instance judgment, stating that “the Defendant shall pay to the Plaintiff the amount of KRW 30,000,000,000 per annum from January 23, 2018 to July 24, 2019, and the amount of 12% per annum from the next day to the day of full payment.”

On August 6, 2019, the defendant filed an appeal against the first instance judgment.

B. The court initially designated the first date for pleading as “1:00 on March 12, 2020,” but changed the first date for pleading on March 3, 2020 to “11:00 on April 23, 2020,” and then served a notice of change to the Defendant around that time.

The defendant requested on April 21, 2020 that the first date for pleading designated as of April 23, 2020 shall be changed to the end of June 2020.

“The submission of an application for the extension of the date for pleading was rejected.” C. The Defendant was absent on the first date for pleading, and the Plaintiff’s legal representative was present, but did not present. D. The court set the second date for pleading as “the date for pleading on June 11, 2020” and served the Defendant a notice of the date for pleading on May 8, 2020, and on May 13, 2020, the notice of the date for pleading was served on the Defendant.

E. The defendant was absent on the second day for pleading, and the plaintiff's attorney was present, but did not present.

F. On July 17, 2020, the Defendant submitted an application for designation of the date.

2. Determination

A. According to Articles 408 and 268 of the Civil Procedure Act, where both parties have been absent or have not present at the date of pleading two times during the appellate trial proceeding, if both parties have not present at the date of pleading, the parties are not present at the date of pleading within one month from the date of pleading of the second absence, or both parties are not present at the date determined by the application for designating the date, or at the later date.