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(영문) 대구지방법원김천지원 2020.06.11 2020가단786
임차보증금
Text

1. The Defendants jointly pay KRW 42,000,000 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the creditor's "the plaintiff" and the "debtor" are "the defendant"). 2. Judgment based on confessions based on recognition (Article 208 (3) 2 of the Civil Procedure Act).

3. In a case where the Defendant merely sought a judgment of dismissal by submitting a formal reply, etc., and did not state any reply as to the facts alleged by the Plaintiff as the cause of the claim, the constructive confession is established as long as it is not recognized to prove the fact by the purport of the entire pleadings.

(1) In light of the aforementioned legal principles, the Defendants submitted a written objection against the payment order under the Plaintiff’s request on February 27, 2020, and the written objection does not state the purport of disputing the facts alleged by the Plaintiff as the cause of claim. (2) The Defendants were not present on May 28, 2020, and were not present on the first date of pleading, and were not present on May 28, 2020, and were not present on the first date of pleading, and were not present on the first date of pleading until the date of pleading. (3) In full view of the aforementioned legal principles, it is reasonable to deem that the confession was established pursuant to Article 150(3) main sentence and Article 150(1) of the Civil Procedure Act.

Therefore, we decide to accept the Plaintiff’s claim in entirety by deeming that the Defendants led to the confession of the facts constituting the cause of the claim in this case.

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