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(영문) 대구고등법원 2019.05.09 2018나22856
대여금
Text

1. Of the instant lawsuit, the part of the claim for the implementation of the transfer procedure was completed on December 22, 2018.

2. Termination of the lawsuit;

Reasons

1. The following facts are acknowledged according to the records. Of the judgment of the court of first instance, the part of the Plaintiff’s claim for payment of the money against the Defendants is finalized, and the subject of the judgment of this court is limited to the Plaintiff’s claim for transfer of ownership against the Defendant company.

A. The plaintiff asserted the above claim against the defendants.

The claim for payment of the same amount as stated in this subsection and against the defendant corporation the above purport of the claim

Claim for implementation of transfer procedures such as entry into the port was made.

B. The first instance court partially accepted the Plaintiff’s claim for payment of the money against the Defendants, rejected the Plaintiff’s claim for payment of the remaining money, and accepted the Plaintiff’s claim for transfer of ownership to the Defendant company.

C. On June 25, 2018, the Defendant Intervenor filed a petition of appeal to the effect that he/she applied for intervention on behalf of the Defendant Company on June 25, 2018. At the same time, the Defendant Intervenor filed a petition of appeal to the effect that the Plaintiff’s claim for the implementation of transfer procedure is revoked and that the Plaintiff’

2. The facts under the underlying facts are significant or recognized in accordance with records in this Court.

A. On September 11, 2018, the Defendant’s assistant intervenor submitted a written withdrawal of appeal, and on September 12, 2018, the written withdrawal of appeal was served on the Plaintiff’s attorney.

B. On December 5, 2018, the Plaintiff submitted a written withdrawal of part of the lawsuit to the effect that “the Plaintiff’s claim for the transfer of title to the Defendant Company” was withdrawn, and the written withdrawal was served on December 7, 2018 on the Defendant Company, and was served on December 6, 2018 on the Defendant’s Intervenor.

The withdrawal of the suit from December 5, 2018 is called ‘the withdrawal of the suit from December 5, 2018'.

C. C. The Plaintiff, the Plaintiff’s attorney, the Defendants, and the Defendant’s Intervenor’s attorney did not appear on the first day for pleading ( November 15, 2018) and the second day for pleading ( December 6, 2018) in this Court. The Defendant’s Intervenor’s attorney is within one month from the second date for pleading.

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