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(영문) 의정부지방법원 2020.05.13 2019가합56548
양수금
Text

1. The Defendant: (a) against Plaintiff A, KRW 340,00,000; and (b) against Plaintiff B, KRW 200,000,000; and (c) against each said money.

Reasons

1. The description of the grounds for claim and the changed grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. Some of the plaintiffs filed a claim for the payment of damages for delay as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint to the day of full payment with respect to each of the money stated in paragraph (1) of this Article. However, on the ground that they acquired claims against the defendant of D Co., Ltd. as of June 27, 2019 through a complaint, they filed a claim for the payment of KRW 500 million to the defendant, and KRW 300 million to the plaintiff Co., Ltd.., Ltd., and upon receiving the claim for the payment of the money stated in paragraph (1) of this Article on the ground of the acquisition of the claim as of August 1, 2019 through an application for modification of the purport of the claim and the cause of the claim as of July 26, 2019, damages for delay as prescribed by the Act on Special Cases Concern

Therefore, part of the plaintiff's claim for damages is dismissed.

(However, the burden of litigation costs shall be determined by applying Article 98 and the proviso of Article 101 of the Civil Procedure Act to the burden of the defendant)

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