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(영문) 광주지방법원 2020.10.16 2020가단600
대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 56,584,90 and the interest rate of KRW 12% per annum from December 20, 2019 to the date of full payment.

Reasons

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

(However, “creditor” and “debtor 1.,” are “Defendant” and “debtor 2.,” excluding the part related to “debtor 2.”). 2. Grounds: A confession judgment (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) is deemed to have been rendered by the Defendant upon receipt of a payment order. However, the said written objection only contains the purport of objection against the payment order, but the said written objection does not include any specific content regarding the Plaintiff’s claim, and thus, the said written objection cannot be deemed as a reply pursuant to Article 256 of the Civil Procedure Act.

Although the defendant was served with the recommendation of correction and the order of preparation, the defendant did not submit the documents that indicate the defendant's assertion, such as the written reply or the preparatory documents, to the effect that he would later submit the documents stating the actual

Even after being notified of legitimate date, the defendant did not appear on the first date for pleading, and on July 10, 2020, the defendant stated that he was present on the date for sentencing and requested the resumption of pleading, but did not submit a document indicating the defendant's assertion even after the date for pleading was presented. Even after being notified of legitimate date, the defendant did not appear on the second date for pleading, and even upon being notified of legitimate date, on the third date for pleading.

In light of this, the defendant shall be deemed to have led to the confession of the plaintiff's assertion.

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