1. On December 24, 2017, the Plaintiff’s instant lawsuit against the Defendant was concluded as the withdrawal of the Defendant’s appeal.

2...

Basic Facts

The following facts are significant or obvious to this court in terms of records:

The judgment of the first instance court of this case was sentenced on June 27, 2017, and the defendant submitted a petition of appeal on July 17, 2017 after being served with the above judgment on July 3, 2017.

The Court, on November 9, 2017, designated the first date for pleading as 15:00, and served a notice of the first date for pleading on October 23, 2017, which reached October 24, 2017.

However, on November 9, 2017, the defendant was absent on the first day for pleading in this court, which was held on November 15:00, and the plaintiff was present on the said date for pleading, but did not present it.

Accordingly, this Court, on November 23, 2017, designated the second date for pleading as 14:20, and served a second date for pleading on November 10, 2017, to the Defendant, which reached November 13, 2017.

However, on November 23, 2017, the Defendant was absent at the second date for pleading of this court, which was held on November 23, 2017, and the Plaintiff was present at the said date for pleading, but did not present at the same time as the first date for pleading.

On January 4, 2018, the defendant filed an application for resumption of pleadings with the designation of the date for pleading to the court, which contains the contents of continuing the trial.

Judgment

According to the above facts, pursuant to Article 268(4) and (2) of the Civil Procedure Act, this case was terminated on December 24, 2017 when one month has elapsed from the second date for pleading of this court, and the defendant's application for resumption of pleading filed on January 4, 2018 after the lapse of one month from the absence of both parties. Thus, this case does not affect the validity of the principle of withdrawal of appeal.

If so, the Plaintiff’s instant lawsuit against the Defendant was terminated as the Defendant’s withdrawal of appeal on December 24, 2017, and thereafter, the Defendant filed an application for designation of date while submitting an application for resumption of argument to the effect that the Defendant contests the validity of the withdrawal of appeal, and thus, it is so decided as per Disposition by the assent of all participating Justices.