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(영문) 서울중앙지방법원 2016.12.09 2016가합20928
양수금
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant A Co., Ltd.: 523,481,036 won and 271,327,119 won among them.

Reasons

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

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

B. Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of the Acts (amended by Presidential Decree No. 208(3)2 and Article 150(3) of the same Act (amended by Presidential Decree No. 208(3) of the Civil Procedure Act; the Defendants served the original copy of the payment order in this case and filed a written objection against them. However, the written objection only contains the purport of objection and does not contain any indication of the Plaintiff’s assertion, and even if the Plaintiff’s application for intervention was served and did not appear on the date

2. As to the Plaintiff’s claim, the Plaintiff submitted a written withdrawal from the lawsuit on October 26, 2016 on the premise that the claim sought against the Defendants in this case was transferred in full to the Plaintiff’s succeeding intervenor around August 12, 2016, which was subsequent to the continuation of the lawsuit in this case, and accordingly, the Plaintiff’s claim against the Defendants cannot be accepted.

3. Therefore, the plaintiff's claim against the defendants by the succeeding intervenor is justified, and the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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