1. The instant lawsuit was concluded on April 18, 2016 as deeming the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

1. The following facts are apparent in the records:

On September 22, 2015, the Defendant submitted to this court a written correction of address, stating the Defendant’s delivery address as “K,” and the first written notice of the date of pleading on November 26, 2015 was served to the said address reported by the Defendant, but was absent on the first date of pleading on December 17, 2015.

The plaintiff's attorney did not present his case against the defendant.

B. After that, on December 21, 2015, the Defendant served a notice of the second date for pleading at the above address, and submitted an application for change of date on January 22, 2016.

On January 27, 2016, the above application was accepted, and a notice of change was served on March 17, 2016 to the second date for pleading, and the defendant again submitted an application for change of date on March 8, 2016, but was not accepted.

C. The defendant was absent on the date of the second pleading changed, and the plaintiff's attorney did not present against the defendant.

The defendant applied for the designation of date on April 25, 2016, after one month from the date of the second pleading.

2. In accordance with Article 268(2) and (4) of the Civil Procedure Act, an appeal shall be deemed to have been withdrawn if both parties have been absent or have been present at the date of pleading on two occasions during the proceeding of the appellate trial, but do not apply for the designation of the date within one month after the date of pleading.

As the Defendant was absent on the date of the first and second pleadings, the Plaintiff’s attorney did not appear against the Defendant. The Defendant’s appeal was deemed to have been withdrawn on April 18, 2016, when the Defendant did not file an application for designation of date within 1 month from March 17, 2016, which was the date of the second pleading.

(C) On April 17, 2016, the court or the party’s intent cannot be determined by the court or the party’s intent, and even if the party’s intent to perform the litigation is also denied.