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1. Defendant B shall pay to the Plaintiff KRW 33,00,000 as well as 20% per annum from April 25, 2009 to the date of full payment.
Reasons
1. Part as to Defendant B
(a)as shown in the reasons for the attachment of the claim;
(However, the creditor shall be deemed the plaintiff and the debtor). B
Article 208(3)3 of the Civil Procedure Act
2. The payment order shall have the same effect as a final and conclusive judgment when there is no objection against the partial payment order against the defendant C, the objection is withdrawn, or the decision of dismissal is final and conclusive.
(Article 474 of the Civil Procedure Act). On the other hand, the court shall declare ex officio the termination of the lawsuit where it is found that the trial has been proceeded with while the lawsuit has been completed.
(See Supreme Court Decision 2010Da103048 Decided April 28, 201, etc.). However, the Plaintiff’s original copy of the payment order issued on May 15, 2019 against the Defendant C was served on the Defendant C on July 27, 2019, and the fact that Defendant C did not file a lawful objection within two weeks thereafter is apparent in the record.
Therefore, the lawsuit between the plaintiff and the defendant C becomes final and conclusive on August 13, 2019, and as such, it is excessive and proceeded as a lawsuit, a declaration of termination of the lawsuit is made.