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1. Of the instant lawsuit, the lawsuit between the Plaintiff and the Defendant SP Development Company is the Gwangju District Court.
Reasons
1. The payment order for judgment on the claim against the development of the defendant corporation No. 2 is finalized by the Do of the period of objection unless the debtor files a lawful objection within two weeks from the date of receiving the payment order (Article 470 of the Civil Procedure Act): Provided, That where the debtor is unable to comply with the period due to any cause not attributable to him, the subsequent supplement may be made within two weeks from the date on which such cause ceases to exist;
(1) Article 173(1) of the Civil Procedure Act. In light of the foregoing legal doctrine, the Plaintiff filed an application for the payment order for the goods payment case (hereinafter “instant payment order”) with the Gwangju District Court, the 2017Guj212, which is the same as the written claim for the instant payment order with respect to the instant case against the Defendant Company AS Development. Accordingly, even if the Defendant was served with the original copy of the instant payment order from the said court on October 19, 2017, it is apparent in the record that the Defendant filed a written objection with the said court on November 3, 2017. Thus, the instant payment order was finalized on November 3, 2017, and since there is no circumstance to deem that the Defendant could not comply with the said objection period due to any cause not attributable to the Defendant, the objection filed by Defendant AS after the lapse of the period for filing the objection is unlawful.
Thus, the lawsuit between the plaintiff and the defendant SP Development among the lawsuit of this case was terminated upon the decision of the payment order of this case, and the objection of the defendant SP Development Co., Ltd is unlawful and dismissed.
2. Determination as to the claim against the Defendant Kudong Construction Co., Ltd. and B
A. 1) Claim No. 1. The plaintiff reduced the purport of the claim as stated in Section 3 of the Disposition No. 3 at the first date for pleading. 2) The reasons for the claim are as indicated in the annexed sheet
(However, ‘creditor' is regarded as ‘Plaintiff', and ‘debtor' is regarded as ‘Defendant'.
Article 208 (3) 2 of the Civil Procedure Act: Provided, That the defendant shall be the defendant.