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(영문) 광주지방법원 2020.06.05 2019가단507747
구상금
Text

1. The Plaintiff:

A. As to KRW 50,580,666 and KRW 50,455,326 among them, Defendant A Co., Ltd., from July 31, 2018 to KRW 50,45,326.

Reasons

1. The grounds for the indication of the claim and each changed grounds for the claim shall be as stated in the attached Form;

(However, the “creditor” and “debtor”, among the grounds for the claim, are “the Plaintiff” and “the Defendant”, and “the Defendant”). 2. Grounds for appeal: Decision deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) was served with a copy of the complaint, and did not submit a written statement, such as the written reply or the briefs, even though it was served with the copy of the complaint.

The defendant company did not appear on the designated date for pleading even after being notified of legitimate date.

Ultimately, the defendant company is deemed to have led to the confession of the plaintiff's assertion of the cause of claim.

B. Defendant C asserted to the effect that, inasmuch as Defendant C received an inheritance limited recognition judgment from the Gwangju Family Court on July 27, 2018 as the inheritance limited recognition judgment was rendered on May 1, 2019, Defendant C’s written reply from May 1, 2019, Defendant C claimed to the effect that it should be repaid within the scope of the property inherited from the network D.

Afterwards, the Plaintiff submitted an application for modification of the purport of the claim and the cause of the claim on May 16, 2019, and subsequently reduced the claim against Defendant C in accordance with the purport of the judgment of limited acceptance by inheritance. Defendant C did not submit a written reply or a brief to the effect that the application for modification of the purport of the above claim and the cause of the claim was served

Defendant C did not appear on the designated date for pleading, even after being notified of due date.

Ultimately, Defendant C is deemed to have led to the confession of the Plaintiff’s assertion as to the modified cause of claim based on the Plaintiff’s claim and the application for modification of the cause of claim as of May 16, 2019.

3. The Plaintiff’s dismissal portion claimed payment of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint of this case to the day of full payment. However, the statutory rate that forms the basis for calculating damages for nonperformance of monetary obligations under the above Act was changed from June 1, 2019 to 12% per annum. Thus, the Plaintiff’s excess.

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