1. The instant lawsuit was concluded on September 18, 2018 as the withdrawal of the Defendant’s appeal.

2. Application for the designation of the date of February 25, 2019.

1. The following facts, recognized, are remarkable or apparent to be recorded in this Court:

The judgment of the court of first instance of this case was rendered on August 24, 2016, and the defendant filed an appeal for the subsequent completion on August 27, 2016 after being served with the original copy of the judgment by public notice on August 26, 2016.

B. On July 20, 2017, the Defendant was served with the notice of the date for pleading on August 17, 2017, but was absent on the first date for pleading of August 17, 2017.

C. On July 17, 2018, the Defendant was served with the notice of the date for pleading on August 16, 2018, but was absent on the fourth date for pleading of August 16, 2018.

Plaintiff

The agent was present at the date of the first and fourth pleadings, but did not present any argument.

E. On February 25, 2019, one month after the fourth date for pleading, the Defendant asserted the validity of withdrawal of appeal by submitting an application for designation on the date for pleading.

2. Determination

A. In a case where both parties do not appear or present at the court of appeal on two occasions during the course of an appellate trial, if either party fails to file an application for designating a date within one month, or if both parties fail to appear or appear at the court on the date of pleading as determined by the application for designating a date, or on the subsequent date of pleading, the appeal shall be deemed to have been withdrawn (Article 268 of the Civil Procedure Act). Such neglect of date does not necessarily need to be continuous two times in succession, and the enforcement of the date is

According to the above facts, the instant lawsuit was concluded on September 18, 2018 when one month has elapsed from the fourth date for pleading of this Court.

B. As the Defendant’s application for the designation of the date of February 25, 2019 was filed one month after the lapse of one month after the Defendant was absent on two occasions, it is clear that the application is not an application for the designation of the date (see Article 268(2) of the Civil Procedure Act) within one month after the Defendant was absent on two occasions, and the Defendant asserts that he participated in the application for the designation of the date of August 16, 2018 at the fourth date of pleading opened on August 16, 2018, the said application for the designation