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(영문) 서울중앙지방법원 2020.11.27 2020가단5214223

양수금

Text

1. Of the instant lawsuit, the part demanding the payment of KRW 100,700,00 shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

(However, ‘creditor' is considered as ‘Plaintiff' and ‘debtor' as ‘Defendant'). 2. Judgment without pleading(Article 208(3)1 and Article 257 of the Civil Procedure Act).

3. The part dismissing part of the plaintiff sought payment of KRW 100,700 to the defendant for the demand procedure expenses relating to the application for the payment order of this case. However, since the amount disbursed as the lawsuit expenses can be repaid after the judgment became final and conclusive, the amount of the lawsuit expenses can be recovered through the procedure for confirmation of the amount of the lawsuit expenses, there is no benefit of separate recourse (Supreme Court Decision 99Da68577 delivered on May 12, 200