(영문) 부산지방법원 2020.02.05 2019나59752

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.02.05 2019나59752

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts of recognition are recognized in accordance with the purport of the whole pleadings and apparent in records:

A. As the cause of the claim, the Plaintiff concluded a supply contract with the Defendant from January 2018, and supplied the Defendant with marine materials equivalent to KRW 1,882,70,00 up to now, but did not receive the payment up to now. Therefore, the Defendant filed an application with the Defendant for payment order as Busan District Court Branch Branch Order 2019j.118, stating that “The Defendant shall pay to the Plaintiff 1,882,700 won and the amount equivalent to 12% interest rate from the day after the original copy of the instant payment order was served to the day of full payment.”

B. The Defendant served the original copy of the above payment order on January 22, 2019 and raised an objection thereto on February 1, 2019.

However, the written objection submitted by the defendant only contains the purport of objection against the payment order, and did not state the plaintiff's assertion. In such a case, the confessionr is established pursuant to Article 150 of the Civil Procedure Act (see, e.g., Supreme Court Decision 89Meu4045, Jul. 25, 1989). The first instance court rendered a judgment that fully accepts the plaintiff's claim.

C. When filing an appeal, the Defendant submitted a petition of appeal only without entirely stating the purport of disputing the Plaintiff’s assertion, and even after that, the Defendant did not appear on the date of the trial, even though he was summoned not by service by public notice, without responding to the facts constituting the Plaintiff’s claim.

2. It is reasonable to view that the appellate court also made a confession if the defendant did not clearly dispute the plaintiff's assertion in the first instance court and lost the plaintiff's assertion as a confession, and the appellate court only requested a judgment of dismissing the plaintiff's claim, but did not give any reply to the facts of the plaintiff's claim.

Even if it is not so, the whole purport of the pleadings is as follows: Gap evidence 1 and 2.

참조조문

-민사소송법 제150조

참조판례

-대법원 1989. 7. 25. 선고 89다카4045 판결

유사 판례

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