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(영문) 광주지방법원순천지원 2015.12.17 2015가단11452

소유권이전등기 등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall receive KRW 9,673,750 from the Plaintiff at the same time list.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. The judgment on deemed confession (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act) is established since the Defendant Gwangju Bank failed to submit a written response not later than the date for pleading, without being present at the date for pleading, and thus, the confession is established under Article 150(3) of the Civil Procedure Act.

Although the above Defendant submitted an application for resumption of oral argument before the date of sentencing after the date of the closing of oral argument, it cannot be recognized as “the entire purport of oral argument and the fact ought to be proved,” under Article 150(1) of the Civil Procedure Act.

In light of the fact that: (a) the Defendant was served with a duplicate of the complaint and a written guidance for litigation, etc. on August 3, 2015, without submitting a written response within the deadline for submission of the written response; (b) on November 17, 2015, without submitting an answer by no later than the deadline for submission ( November 30, 2015), the Defendant was absent on the date for pleading on December 3, 2015; and (c) the Defendant received an application for resumption of pleadings on December 16, 2015, which was served with the notice of the date for sentencing on December 8, 2015, and the said Defendant received an application for resumption of pleadings on December 16, 2015, respectively.