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(영문) 창원지방법원 2015.01.29 2014가합3429
파산채권조사확정결정에 대한 이의의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The purpose of the claim in civil procedure is to clearly identify its contents and scope so that it can be clearly identified, and the determination of the purport of the claim is to be examined ex officio. Thus, where the purport of the claim is not specified, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with the order of correction.

(See Supreme Court Decision 201Da11459 Decided March 13, 2014). The Plaintiff omitted a case number seeking revocation as stated in the instant complaint, as stated in the instant complaint, and this court issued an order of correction on August 14, 2014 regarding the specification, etc. of the purport of the claim. The Plaintiff did not comply with the order of correction on August 18, 2014. The fact that the Plaintiff still failed to comply with the order of correction on November 13, 2014, even if the court issued an order of correction on November 13, 2014 to the Plaintiff as stated in the said order of correction, is apparent in the record. Therefore, it is difficult to view that the Plaintiff’s claim was specifically identified.

Therefore, the instant lawsuit is unlawful and thus dismissed, it is so decided as per Disposition.

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