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(영문) 인천지방법원 2020.10.16 2020가단5531

대여금

Text

1. The defendant shall pay 70 million won to the plaintiff and 12% per annum from February 21, 2020 to the day of complete payment.

Reasons

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

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”). 2. Judgment to recommend confession (Article 208(3)2 of the Civil Procedure Act)

A. Article 150(1) of the Civil Procedure Act provides that “When a party does not clearly dispute the facts alleged by the other party during pleadings, such fact shall be deemed to have been led to confession.” However, this shall not apply to the case where it is deemed to have been proved to have been proven to the purport of the entire pleadings. In a case where the defendant who lost the party to confession merely sought a judgment on the dismissal of the plaintiff, and did not state any reply as to the facts alleged by the plaintiff as the cause of the claim, the appellate court shall be deemed to have established the principle of confession in the entirety of pleadings unless it is acknowledged to have proved that the facts alleged by the plaintiff were different according to the purport of the entire pleadings (see, e.g., Supreme Court Decisions 428Da59, Jul. 21, 1955; 429Da147, Oct. 14, 1957; 89Meu405, Jul. 25, 1989). 208.

Furthermore, the defendant shall not later than the first day for pleading, which has been closed.