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1. The defendant shall pay 41,58,500 won to the plaintiff and 12% per annum from April 3, 2020 to the day of complete payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
(However, the "creditor" and "debtor" are "defendants" and 2. Judgment based on the confessions based on recognition (Article 208 (3) 2 of the Civil Procedure Act)
3. The duplicate of the complaint of this case against the defendant was delivered lawfully to his domicile on April 2, 2020 on the defendant's resident registration, and the notice of the date of the first date of pleading against the defendant was sent on May 26, 2020 after it was returned due to the absence of closure, and then the notice was delivered on May 26, 2020. It is reasonable to view that the defendant was found to have established the confession by failing to appear on the first date of pleading on May 28, 2020.
(Article 150(3) main text and Article 150(1) of the Civil Procedure Act. With respect to the instant case, no evidence exists to support the establishment of the principle of confession, and there is no special circumstance to consider that the court should proceed to the exercise of additional right of explanation.
(see, e.g., Supreme Court Decision 2017Da201033, Apr. 26, 2017). In addition, when the court completes the lawful pleading and notifies the date of adjudication after the lawful pleading, it shall have the effect on the party who did not render the adjudication, and a notification of the date of adjudication has not been given to the party concerned.
Even if it is not illegal, it cannot be considered unlawful.
(2) In light of the above legal principles, the Defendant did not appear to serve a notice of date on the first date for pleading on April 25, 2003 (see, e.g., Supreme Court Decision 2002Da72514, Apr. 25, 2003). In light of the above legal principles, the Defendant did not appear to serve a notice of date on the first date for pleading on the first date for pleading, and the court notified the date for pronouncement after closing the pleadings
In full consideration of the above various circumstances, the defendant shall be deemed to have led to the confession of the facts constituting the cause of the claim of this case, and the plaintiff's claim shall be accepted in full. It is so decided as per Disposition.