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(영문) 서울중앙지방법원 2019.11.28 2019나33431

구상금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit is substituted for conciliation in August 14, 2018 by the court of first instance.

Reasons

1. Basic facts

A. On August 14, 2018, the court of first instance rendered a decision in lieu of the instant conciliation, stating that “the Defendant shall pay KRW 912,720 to the Plaintiff up to September 14, 2018. If the Defendant fails to pay the said amount by the payment date, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the date following the date of payment to the date of full payment.”

B. The decision in lieu of the instant conciliation was sent to the Plaintiff on August 20, 2018, and to the Defendant on August 27, 2018, respectively. The Plaintiff filed an objection on September 5, 2018 when two weeks have elapsed from the date of service, and the Defendant did not file an objection.

[Ground of recognition] Facts without dispute, obvious facts in records, purport of the whole pleadings

2. According to the above facts of recognition as to the completion of the instant lawsuit, the decision substituting the conciliation of the instant case ought to be filed two weeks after the date on which the Plaintiff was served, and the Defendant’s failure to file an objection, which became final and conclusive September 11, 2018. Accordingly, the instant lawsuit was completed as a final and conclusive decision substituting conciliation.

3. In conclusion, the judgment of the court of first instance is unfair since it imposed on the fact that the lawsuit is terminated, and it is so revoked, and it is so decided as per Disposition by the decision of the declaration of termination of lawsuit.