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(영문) 서울중앙지방법원 2020.07.10 2019가단5258999
양수금
Text

1. Of the instant lawsuit, the part demanding payment of KRW 151,900 shall be dismissed.

2. The defendants are the defendants.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

(However, "creditor" is deemed to be "Plaintiff", and "debtor" to be "Defendant". 2. On the other hand, the judgment rendered by confessions, Article 208 (3) 2 and Article 150 of the Civil Procedure Act, and the defendants only submitted a simple written objection that does not dispute the plaintiff's dismissal or cause of claim, and did not submit a subsequent reply, but did not attend at the date of pleading, so the plaintiff's assertion is deemed to have been led to the confession of all of the plaintiff's allegations in accordance with Article 150 of the Civil Procedure Act.

3. The part dismissing part of the Plaintiff sought payment of KRW 151,900 to the Defendant regarding the demand procedure related to the application for the instant payment order, but the amount disbursed as the litigation costs can be repaid after the judgment became final and conclusive, and there is no benefit to seek a separate lawsuit (see Supreme Court Decision 9Da68577, May 12, 2000), and this part of the lawsuit is unlawful.

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