1. The instant lawsuit was concluded on February 19, 2016 as deemed to have been withdrawn from the appeal.

2. The defendant dated February 29, 2016.

1. The following facts of recognition are apparent to be recorded:

On September 25, 2015, the defendant filed an appeal against the judgment of the first instance court at the Suwon District Court at the Sungnam District Court.

B. On December 29, 2015, the court of the trial: (a) designated the date for preparatory pleading as the date for preparatory pleading and sent electronically a notice to the Defendant; (b) the Defendant was not present at the date for preparatory pleading; (c) on the other hand, the Plaintiffs’ attorney present at the trial did not present at the date for preparatory pleading; and (d) the Defendant was treated as the absence of both parties,

C. On January 19, 2016, the instant court set the date for preparatory pleading as the second date for preparatory pleading and served electronically to the Defendant on December 29, 2015, and served on January 60, 2016.

(See Article 11(4) of the Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc., however, the Defendant did not appear during the date for the second preparatory pleading, and the Plaintiffs did not appear.

On February 29, 2016, the Defendant submitted to this court the second date for preparatory pleading, which contains the purport of the request for designation of date and the request for designation of date subsequent to subsequent completion on February 29, 2016.

2. Determination

A. In accordance with Article 268(2) and (4) of the Civil Procedure Act, even if both parties are absent or present at the date for pleading or the date for preparatory pleading two times during the appellate trial, the appeal shall be deemed to have been withdrawn if both parties are absent or present at the date for pleading as determined by the request of the parties for designation of the date for pleading. Thus, the Defendant’s appeal was deemed to have been withdrawn on February 19, 2016, where one month after the date for preparatory pleading was later than the date for preparatory pleading.

B. Such deeming of the withdrawal of an appeal is a legal effect naturally arising from the fulfillment of the above requirements, and cannot be determined by the court or the parties’ intent, and even if the parties are willing to perform the litigation, such effect cannot be denied.