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(영문) 대구지방법원김천지원 2020.11.05 2020가단33700

물품대금

Text

1. The defendant shall pay 78,379,000 won to the plaintiff and 12% per annum from June 9, 2020 to the day of complete payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the judgment (Article 208 (3) 2 of the Civil Procedure Act) by deeming the creditor as "Plaintiff" and "debtor" as "defendant" (Article 208 (3) 2 of the Civil Procedure Act). 2. The defendant submitted a written objection against the payment order under the plaintiff's application, but the written objection does not specify the purport of disputing the facts alleged as the cause of the claim, and the written response or a preparatory document was not submitted to the purport of disputing the plaintiff's claim until the date of closing argument in this case. The plaintiff did not appear at the date of pleading in this court (the date on which the notice of date of pleading was delivered to the defendant's legal representative is August 25, 2020, and the defendant's legal representative immediately before the date of pleading on October 20, 2020 cannot be deemed to have lost the validity of the notification of the previous date.

A) Therefore, it is deemed that the Defendant made a confession of all the facts constituting the cause of the instant claim under Article 150(3) main text and (1) of the Civil Procedure Act (see, e.g., Supreme Court Decisions 89Meu4045, Jul. 25, 1989). Meanwhile, when the court closes the pleadings and notifies the sentencing date after lawful pleadings, the adjudication party also becomes effective, and even if the notification of the sentencing date has not been made to the relevant party, it cannot be deemed unlawful (see, e.g., Supreme Court Decision 2002Da72514, Apr. 25, 2003). As long as the Defendant was unable to appear on the date of pleading on August 25, 2020, and after closing the pleadings of the instant case on October 22, 2020, the notification of the sentencing date becomes effective for the Defendant).