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(영문) 울산지방법원 2020.12.17 2019가합520
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

In civil procedure, the purport and cause of the claim shall be specified in detail so that the contents and scope of the claim can be clearly identified. Whether an objection is specified is an ex officio examination. Therefore, where the purport of the claim is not specified, the court shall ex officio order the correction, regardless of whether the defendant raises an objection, and dismiss the lawsuit if the defendant does not comply with it.

(See Supreme Court Decision 2007Da53785 Decided November 12, 2009, and Supreme Court Decision 2011Da17090 Decided September 8, 201, etc.). Although the Plaintiff appears to seek payment pursuant to a loan for consumption or a loan for consumption under a quasi-loan contract with the Defendant by means of the instant lawsuit, it cannot be said that the Plaintiff specifically identified the content and scope of the Plaintiff’s claim in this case solely on the grounds that the Plaintiff did not specify the following: (a) whether the loan for consumption or quasi-loan contract has been concluded with the Defendant; (b) whether the Plaintiff made the instant claim pursuant to any contract; (c) whether the Plaintiff paid the money claimed by the Plaintiff to the Defendant under the loan for consumption; and (d) whether the due date pursuant to the contract has arrived.

Therefore, even though this court ordered the plaintiff to specify the cause of the claim in detail over several times, the plaintiff does not comply with it.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

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