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(영문) 서울중앙지방법원 2016.07.21 2015나57965
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. Of the instant lawsuit, the Plaintiff from Hyundai Capital.

Reasons

1. The plaintiff brought the lawsuit against the defendant in this case seeking the payment of each claim that he/she acquired from Hyundai Capital and Dac Loan Co., Ltd., and the court of first instance accepted the plaintiff's claim against the defendant as to the claim that he/she acquired from Dac Loan Co., Ltd. among the plaintiff's claim against the defendant and dismissed the claim as to the claim that he/she acquired from Hyundai Capital.

In this regard, only the plaintiff appealed against the judgment of the court of first instance, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from Hyundai Capital.

2. The reduction of the claim amount in a judgment refers to the partial withdrawal of the lawsuit (see Supreme Court Decision 93Nu9460, Sept. 14, 1993). The person instituting the lawsuit may withdraw the whole or part of the lawsuit until the judgment becomes final and conclusive, and the other party’s submission of a preparatory document on the merits or statement or pleading is effective with the consent of the other party.

(Article 266(1) and (2) of the Civil Procedure Act. The withdrawal of a lawsuit shall be made in writing; however, it may be made orally at the date for preparatory pleading or preparatory pleading; and the written withdrawal of a lawsuit which is submitted subsequent to the delivery of a complaint shall be served on the other party

(Article 266(3) and (4) of the Civil Procedure Act (see Articles 266(3) and (4) of the same Act). In full view of the above provisions, the effect takes effect by submitting to the court a document containing the intent of withdrawal of a lawsuit to be taken subsequent to the pleading, and it does not require a separate statement of the intention

(See Supreme Court Decision 2014Da13891 Decided June 26, 2014). According to the aforementioned legal doctrine, the Plaintiff’s purport is to withdraw the part of the claim regarding the claim that was acquired from Hyundai Capital on September 18, 2015, by applying the aforementioned legal doctrine to the facts indicated below to this court.

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