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(영문) 수원지방법원 2020.04.16 2020가단1420
대여금
Text

1. The instant lawsuit is an order for payment issued on November 18, 2019 in Suwon District Court Decision 2019j1389.

Reasons

1. According to the records of recognition, the following facts are recognized.

A. On November 6, 2019, the Plaintiff applied for a payment order with respect to KRW 47,907,200 for loans to the Defendant by Suwon District Court Decision 2019Da1389, and the said court issued a payment order with respect to the payment order on November 18, 2019 to the effect that “the Defendant shall pay to the Plaintiff the amount of KRW 47,907,200 and the amount calculated at the rate of 12% per annum from the day after the original copy of the payment order was served to the Plaintiff” (hereinafter “instant payment order”). The original of the instant payment order was served to the Defendant on December 16, 2019.

B. On December 16, 2019, the Defendant served the original copy of the instant payment order, and accordingly, submitted a written objection by December 30, 2019, which is the second week objection period (Article 470 of the Civil Procedure Act). However, the Defendant filed a written objection against the instant payment order on December 31, 2019, which is after the period for filing the objection expires, and accordingly, the instant payment order became final and conclusive on December 31, 2019.

C. Nevertheless, the court held that the instant payment order was final and conclusive, and that the Plaintiff was present at the date of pleading of the instant lawsuit on March 26, 2020, by sending a notice of the date of pleading to the original and the Defendant.

2. As such, the instant lawsuit was concluded upon the completion of the instant payment order on December 31, 2019, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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