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(영문) 수원지방법원 2016.11.15 2016나50600
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The lawsuit of this case is brought to the Suwon District Court.

Reasons

1. Upon the completion of the instant lawsuit, the Plaintiff filed an application with the Defendant and the joint Defendants of the first instance court for a payment order under the Suwon District Court’s horizontal Housing Site KRW 2014 tea37, and the said court issued a payment order to the Defendant and the joint Defendants of the first instance trial on January 21, 2014, and the Defendant filed a written objection against the payment order on February 10, 2014. On April 3, 2014, the said court issued an order for the correction of stamp pursuant to Article 473(1) of the Civil Procedure Act with the Plaintiff on April 3, 2014; the said court did not revise stamp within seven days from the date the Plaintiff received the said order for the correction of stamp; and it is evident that the rejection ruling became effective to the Plaintiff on May 16, 2014.

Therefore, the plaintiff's lawsuit against the defendant was terminated by the decision to dismiss the above payment order.

2. If so, the judgment of the court of first instance, which rendered a decision on the merits as the plaintiff's application for the payment order against the defendant was dismissed, is unfair. Thus, the judgment of the court of first instance which revoked the part against the defendant among the judgment of the court of first instance and rendered a declaration of the termination of the lawsuit, is delivered

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