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(영문) 서울중앙지방법원 2020.02.28 2019가단5002554
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 161,006,356 as well as KRW 58,822,246 as of November 15, 2019.

Reasons

1. Indication of claims: To describe the causes of claims in attached Form and the changed causes of claims; and

(However, the "creditor" is regarded as the "defendant"; 2. A claim against the defendant C: a judgment by service by public notice (Article 208 (3) 3 of the Civil Procedure Act)

3. Claim against Defendant D: (a) on September 18, 2019, Defendant D asserted that Defendant D filed a claim for approval of the inheritance limited period under the Changwon District Court Msan Branch 2019-Ma387 in the written reply of September 18, 2019; (b) around November 5, 2019, this court submitted a written judgment of the limited recognition of inheritance to this court; and (c) accordingly, the Plaintiff submitted a written application for the change of the purport of the claim and the cause of the claim, and subsequently reduced the claim against Defendant D in accordance with the purport of the adjudication of the limited recognition of inheritance.

Defendant D did not raise any particular objection despite the service of the application for modification of the purport of the claim and the cause of the claim as of November 11, 2019. Thus, Defendant D is deemed to have led to the confession of the changed cause of claim.

(Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

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