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(영문) 인천지방법원 2019.11.29 2019가단235046
구상금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 44,840,50,504 and KRW 42,454,49 from June 8, 2019 to July 31, 2019.

Reasons

1. As set out in the list of grounds for the claim attached hereto.

[Ground for recognition] Facts that do not clearly dispute

2. Grounds for determining that the Defendants did not clearly dispute

A. In a case where the defendant who did not clearly dispute the plaintiff's assertion of the relevant legal principles and lost the admission as the admission of the plaintiff in the appellate court only sought a judgment dismissing the plaintiff's claim, but did not state any reply as to the facts alleged as the cause of the claim, the appellate court shall be deemed to have established the admission of the confession in the appellate court, unless it is acknowledged that it

(See Supreme Court Decision 4288Da59 Decided July 21, 1955, Supreme Court Decision 4290Da147 Decided October 14, 1957, and Supreme Court Decision 89Da4045 Decided July 25, 1989, etc.). Such a legal doctrine shall be deemed equally applicable in cases where the Defendant did not make any statement concerning the fact that the Plaintiff asserted as the cause of the claim in the first instance trial.

If the Defendant did not state any reply as to the facts alleged by the Plaintiff as the cause of the claim while seeking a ruling of dismissing the claim to the purport of the reply, it cannot be interpreted that the Defendant asserts the facts in favor of the purport of the entire pleadings

D Academic Association, 207, 448 et al. refer to the 8th, 448 pages.

In this case, the defendants submitted a written answer, and the defendants merely stated that "to submit a detailed answer within a prompt time," and did not make a comprehensive answer as well as a detailed answer as to the cause of the claim.

The Defendants did not appear on the first day for pleading, which was closed, and did not submit any written statement other than the written reply.

In light of the above, the Defendants cannot be deemed to have asserted the facts alleged by the Plaintiff as the cause of the claim in light of the purport of the entire pleadings, and it is reasonable to view that they were led to confession as they did not clearly dispute such facts.

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