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(영문) 전주지방법원군산지원 2017.04.04 2016가단53515
원상회복청구의 소
Text

1. The Defendant jointly with Nonparty C and jointly with the Plaintiff KRW 200,000,000, and with respect thereto, from October 18, 2016 to the date of full payment.

Reasons

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

2. In recent years, the Plaintiff filed a lawsuit against the Defendant and C seeking a judgment, such as the Disposition No. 1.

On November 29, 2016, this Court submitted a written answer to C only before the date for the first pleading, but the Defendant did not submit a written answer, and only C only was present at the date for the first pleading.

Accordingly, on December 15, 2016, this Court rendered a decision to recommend reconciliation in the purport of accepting most of the Plaintiff’s claims (to postpone the payment deadline, to adjust the rate of delay damages to 10%), and the Plaintiff and C did not object thereto, and the decision to recommend reconciliation between the Plaintiff and C became final and conclusive.

However, on December 27, 2016, the Defendant did not submit a written reply and did not appear on the date of pleading, and filed an objection to the said ruling of recommending reconciliation.

The Defendant did not state at all the specific reasons for filing an objection against the ruling on recommending reconciliation, and was absent at the second day of pleading opened on March 21, 2017, and still did not submit an express written answer to the effect that the Plaintiff’s claim was filed.

In light of the above purport of the Defendant’s attitude, it is determined that the Defendant did not clearly dispute the Plaintiff’s assertion (see, e.g., Supreme Court Decision 89Meu4045, Jul. 25, 1989). Therefore, it is so decided as per Disposition by the assent of all participating Justices on the ground that there was a cause corresponding to the deeming of confession as stipulated in Articles 208(3)2 and 150(1)

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