1. The instant lawsuit was concluded on November 22, 2019 as deeming the withdrawal of the Defendant’s appeal.

2. Date of December 12, 2019

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

On September 13, 2018, the Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court 2018Gaso2714321, and was sentenced to the judgment of the first instance on December 13, 2018 to pay the Plaintiff KRW 5,535,280, and delay damages therefor.

On January 11, 2019, the defendant filed an appeal against the first instance judgment.

B. On July 15, 2019, this Court served a notice of the date for pleading to the Defendant on the date for pleading, but not served as a closed door, and on July 24, 2019, served a notice of the date for pleading to the Defendant on July 25, 2019, and served the notice of the date for pleading on July 25, 2019. The Defendant was absent on August 16, 2019, and the Plaintiff was also absent on the first date for pleading.

C. On August 21, 2019, the Defendant was served with the notice of the date for pleading on September 6, 2019, but was absent on the second date for pleading on September 6, 2019, and the Plaintiff’s attorney was present at the second date for pleading, but did not present at the pleading.

The Defendant filed an application for designating a date on September 9, 2019, and appeared on the third date for pleading on October 25, 2019 after being served a notice of the date for pleading on September 26, 2019, but was notified of the date for pleading on the third date for pleading on October 25, 2019, but was absent on November 22, 2019 at the fourth date for pleading on November 22, 2019, and the Plaintiff’s attorney did not appear on the fourth date for pleading, but did not present on the fourth date for pleading.

E. On December 12, 2019, the Defendant asserts the validity of withdrawal of an appeal upon submitting an application for designation of the date.

2. Determination

A. According to Article 268 of the Civil Procedure Act, even if both parties were not present at the date of pleading or present at the court of appeal two times, the parties did not present at the date of pleading, and even if both parties did not appear at the meeting or present at the meeting within one month thereafter, the appeal shall be withdrawn, if both parties did not present at the meeting or