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(영문) 울산지방법원 2019.01.17 2018나21135
대여금 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. According to the provisions of Articles 249(1) and 254(1) and (2) of the Civil Procedure Act as to the lawfulness of the instant lawsuit, the complaint must specify the purport and cause of the claim. In cases where the purport and cause of the claim are not specified, the court shall ex officio order the correction and dismiss the suit if it does not comply with the order of correction.

(See Supreme Court Decision 201Da11459 Decided March 13, 2014 (see Supreme Court Decision 2011Da11459 Decided March 13, 201). In light of the contents written in the separate sheet submitted by the Plaintiff, the Plaintiff’s claim cannot be understood or interpreted, and the cause of the claim cannot be identified. Thus, even though the court of first instance pointed out that it is necessary to specify the purport of the claim and the cause of the claim through the correction order, the Plaintiff failed to properly implement the claim from the first instance court to the trial. Moreover, even if comprehensively considering the records of this case, such as preparatory documents submitted by the Plaintiff at the first instance court and the trial court, it is reasonable to deem that the instant lawsuit is unlawful as it does not specify the purport of the claim

2. Thus, the lawsuit of this case is unlawful and dismissed, and the judgment of the court of first instance is just in its conclusion, and all appeals against the defendants are dismissed as it is without merit. It is so decided as per Disposition.

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