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(영문) 서울중앙지방법원 2015.04.29 2014가단268026
대여금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 26,453,572 as well as KRW 22,737,064 as to the Plaintiff’s Intervenor from September 15, 2014.

Reasons

1. Determination on the claims of the Plaintiff’s succeeding intervenor

(a) The reasons for the claim are as shown in the annex;

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

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Judgment on the plaintiff's claim

A. Although the Plaintiff applied for withdrawal from a lawsuit on the date of the first pleading, the withdrawal does not have the consent of the Defendant, as well as the consent is not recognized, the validity of the Plaintiff’s claim against the Defendant is not extinguished.

Therefore, the plaintiff's claim should also be judged together with the plaintiff's successor's claim.

B. While the Plaintiff during the instant lawsuit pending, it transferred to the Intervenor succeeding to the Plaintiff the claim as stated in the separate sheet against the Defendant, the Plaintiff’s claim is without merit.

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