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(영문) 서울중앙지방법원 2020.05.27 2019가단26661

편취금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest thereon from September 3, 2019 to the date of full payment.

Reasons

1. On September 19, 2018, the Defendants indicated the claim, stating that “When making an investment under the name of a private equity fund, they will guarantee the principal and give interest thereon.” The Plaintiff provided KRW 100,000,000 to the Defendants on September 19, 2018. The Plaintiff sought against the Defendants for compensation for damages caused by deception as above, payment of KRW 100,000,000 as well as damages for delay.

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. Defendant C only submitted a document (written application for extension, and written reasons for non-appearance) with the formal content, but did not submit a document that practically contests the Plaintiff’s claim, such as the written answer, and did not appear on the date for pleading. Therefore, it is deemed that Defendant C led to the confession of all the Plaintiff’s assertion in accordance with Article 150(3) and (1) of the Civil Procedure Act

Judgment by deemed confession (Article 208 (3) 3 of the Civil Procedure Act)