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(영문) 창원지방법원통영지원 2019.08.22 2019가단813
대여금
Text

1. The part of the lawsuit in this case, which claimed KRW 38,160, is dismissed.

2. The defendant shall pay to the plaintiff KRW 30,074,524.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” is deemed to be the “Defendant”. 2. Grounds for service by public notice (Article 208(3)3 of the Civil Procedure Act).

3. Some dismissed litigation costs can be repaid through the procedure for determining the amount of litigation costs and thus there is no benefit in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). Of the instant lawsuit, the part concerning the claim of KRW 38,160 among the instant lawsuit is filed against the previous lawsuit (the original district court 2008Da1647, Jun. 16, 200), and thus, the legal interest in the lawsuit is unlawful as there is no benefit in filing a lawsuit.

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