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(영문) 대법원 2020.05.14 2020다208232
대여금
Text

All appeals are dismissed.

All of the requests for resumption of proceedings are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

1. The grounds of appeal are examined.

Since this case is a small case, it can be appealed only on the grounds of the subparagraphs of Article 3 of the Trial of Small Claims Act. The ground of appeal does not fall under the ground of appeal.

2. A request for continuation of proceedings shall be deemed to have been filed;

According to the records, the defendant's death is known on March 24, 2020, which was not timely filed on March 24, 2020, and when the court of final appeal declares a judgment without oral pleadings at the same stage, the applicant to resume the lawsuit does not need to take over the lawsuit

(See Supreme Court Decision 2015Da56116 Decided July 27, 2016). Accordingly, a motion to resume a lawsuit is rejected.

3. Therefore, the appeal and the request for continuation of the proceedings are dismissed, and the part concerning the request for resumption of proceedings among the costs of the appeal is assessed against the plaintiffs, and the remainder is assessed against the plaintiffs. It is so decided as per Disposition by the assent of all participating Justices on the bench.

May 14, 2020

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