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(영문) 서울중앙지방법원 2020.09.11 2020가단5156600

대여금

Text

1. Of the instant lawsuit, the part demanding the payment of KRW 73,600 of the expenses for demand procedure 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 deemed to be "Plaintiff", and "debtor" to be "defendant". 2. 2. The judgment by confession is delivered with the original copy of the payment order in this case, and the defendant only submitted a simple written objection that does not dispute the plaintiff's dismissal of the claim or the cause of the claim, but did not submit a subsequent reply, and the plaintiff did not appear at the date of pleading, so it is deemed to have led to the confession of all the plaintiff's assertion in accordance with Article 150 of the Civil Procedure Act.

3. The part dismissing part of the plaintiff sought payment of KRW 73,600 to the defendant for the demand procedure costs related to the application for the payment order of this case. However, since the amount disbursed as the lawsuit costs can be repaid after the judgment became final and conclusive, there is no benefit of filing a lawsuit separately (Supreme Court Decision 9Da68577 delivered on May 12, 200), and this part of the lawsuit is unlawful.