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(영문) 부산지방법원동부지원 2019.05.14 2018가단5746
대여금
Text

1. Of the instant lawsuit, the part demanding the payment of 47,160 won shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

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

(However, “creditor” shall be deemed to be “Plaintiff”, and “debtor” shall be deemed to be “Defendant”.

2. Judgment by deeming the confession (Article 208(3)2 of the Civil Procedure Act, and Article 208(3)2 of the Defendant only submitted an original copy of the payment order and a formal written objection with the content of the original copy of the payment order. Since the Defendant did not submit any subsequent written response and did not attend at the date of pleading, it is deemed that all of the Plaintiff’s allegations have been led

3. Some dismissed parts of the Plaintiff also sought payment of KRW 47,160 of the cost of demand procedure in the instant lawsuit. However, the cost of demand procedure is part of the cost of lawsuit, and the amount disbursed as the cost of lawsuit can be repaid through the process of determining the amount of litigation costs under the provisions of the Costs of Civil Procedure Act after the final and conclusive judgment is final and conclusive, and there is no benefit to seek payment separately (see, e.g., Supreme Court Decision 2010Da9697, Mar. 24, 2011). Of the instant lawsuit, the part seeking

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