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(영문) 서울동부지방법원 2020.06.12 2019가단163761

구상금

Text

1. Of the instant lawsuit, the part between the Plaintiff and the Defendant Company B is the claim for reimbursement in this Court prior to 2019 tea 20592.

Reasons

1. Declaration of termination of the lawsuit against the defendant B;

(a) Where there is no objection against the payment order, or where the objection is withdrawn or the decision of dismissal is made, the payment order shall have the same effect as the final and conclusive judgment (Article 474 of the Civil Procedure Act), and where the fact that the trial has been continued even after the lawsuit has been completed, the court shall ex officio declare the termination of the lawsuit;

(See Supreme Court Decision 2010Da103048 Decided April 28, 2011). B.

According to the records, this court, upon the Plaintiff’s request for the instant payment order, issued a payment order with the same content as the purport of the claim(s) from August 20, 2019 before 2019 to 20592 (hereinafter “instant payment order”), and served on September 25, 2019 on the Defendant Company B (hereinafter “Defendant Company”), and the Defendant Company did not raise an objection with the lapse of the 14-day period from the date of service, while Defendant C filed an objection against the instant payment order on October 8, 2019 on which the instant payment order was not served on Defendant C; on the ground of objection against the Defendant Company on the ground that the instant payment order was not served on the Defendant Company; on the ground that there was an objection against the instant payment order, it was respectively acknowledged that it was submitted to the litigation procedure on the ground that it was not served on Defendant C.

C. If so, the part against the Plaintiff and the Defendant Company in the instant lawsuit was already terminated upon October 10, 2019 when the period of objection was determined as of October 10, 2019 when the Defendant Company had been served with the original copy of the instant payment order, and thus, the declaration of termination of the lawsuit is to be made.

2. Determination as to the claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant'.

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

C. Defendant C asserts to the effect that he/she is disputing the amount guaranteed by himself/herself, but is written in the evidence No. 1.