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(영문) 인천지방법원부천지원 2020.10.06 2020가단8236

건설기계대여금

Text

The Defendants are jointly and severally liable to the Plaintiff for KRW 153,380,000 and Defendant B, as from June 26, 2020.

Reasons

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

2. A written reply by a confession shall contain a statement as to whether or not the facts stated in the written complaint are recognized in addition to the reply to the purport of the claim; and

(Article 65(1) of the Rules of Civil Procedure (Article 65(1) of the Rules of Civil Procedure). However, although the Defendants submitted a written objection against the payment order on July 8, 2020, they merely stated in the above written objection that “I will receive the payment order, but I will raise an objection because they are dissatisfied with the same order,” and did not state any reply as to the facts alleged by the Plaintiff as the cause of the claim. Since the Defendants did not appear on the date of pleading and thus the said written objection is deemed to have been made a statement because they did not appear on the date of pleading, they are deemed to have led to the confession of the Plaintiff’s assertion (see, e.g., Supreme Court Decision 89Meu4045, Jul. 25, 1989).