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(영문) 서울중앙지방법원 2015.12.03 2014가단185084
물품대금
Text

1. Of the instant litigation, the part between the Plaintiff, Defendant B, and C shall be determined on June 8, 2015 by this Court’s decision of recommending reconciliation.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who engages in wholesale and retail business of freezing fishery products, etc. with the trade name of “E”, and the network F operated a restaurant with the trade name of “G”.

B. From around 2012, the Plaintiff supplied food materials for fishery products, such as ciphers, reds, and brines, to the cafeteria.

C. On October 26, 2013, the deceased F died. The Defendants inherited the Deceased’s spouse and children.

(A) On June 8, 2015, Defendant B/7, Defendant C/D’s claim against Defendant B/C on February 2, 2015, this Court rendered judgment as to the Plaintiff’s claim against the Plaintiff on July 31, 2015, Defendant B shall pay KRW 13,00,000 to the Plaintiff; KRW 8,500,000 to the Defendant C; and KRW 8,500,00 to the Defendant D, respectively. If the Defendants fail to pay the above amount by the due date, the unpaid amount shall be paid by adding the delay damages calculated at 20% per annum from the date following the due date to the date of full payment.

2. The plaintiff waives each of the remaining claims against the defendants.

3. The costs of lawsuit shall be borne by each person;

"A decision to recommend reconciliation" is clearly recorded in the record that the plaintiff was served on June 15, 2015, June 30, 2015, June 30, 2015, and July 10, 2015 by Defendant D, and only Defendant D submitted a written objection to the above decision to recommend reconciliation on July 17, 2015.

In addition, since the instant lawsuit is not an essential co-litigation that ought to be confirmed jointly with all the Defendants, it is reasonable to view that the part between the Plaintiff, Defendant B, and C was terminated upon the conclusion of the said decision of recommending reconciliation on July 15, 2015, when both the period for filing an objection by the said Defendants was expired.

Nevertheless, the court has limited the above facts and concluded the pleading after going through the date for pleading against the above Defendants. Thus, the part between the Plaintiff, Defendant B, and C in the instant lawsuit shall be declared the termination of the lawsuit.

3. Determination as to the Plaintiff’s claim against Defendant D

A. The summary of the Plaintiff’s assertion.

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