logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2017.05.02 2016가단13652
대여금
Text

1. The plaintiff's claim is dismissed.

2. The defendant is jointly and severally with the non-party B to the plaintiff's succeeding intervenor KRW 151,271,384.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. The description of the claim is as shown in the attached Form “the cause of claim”

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”.

The judgment based on a confession based on recognition (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act) only submitted a formal objection to the payment order after being served with the original copy of the payment order, and the Defendant did not submit a written reply or a preparatory document containing a specific content thereafter, and did not appear on the date for pleading. As such, the Plaintiff’s assertion by the succeeding intervenor is deemed to have been led to a confession under Article 150(3) and (1) of the Civil Procedure Act.

2. The judgment on the Plaintiff’s claim was made by the Plaintiff on January 3, 2017, which was after the instant lawsuit was brought against the Intervenor succeeding to the Plaintiff, and notified the principal obligor B of the remainder of the loan principal claim against Nonparty B, the principal obligor, and thus, the Plaintiff’s claim against the Defendant is without merit.

(3) If the plaintiff submitted a written withdrawal from a lawsuit on February 28, 2017, but there is no consent of the defendant, the plaintiff's claim by the plaintiff's successor is justified, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

arrow