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(영문) 서울중앙지방법원 2017.01.25 2016가단5032745
손해배상(자)
Text

1. The instant lawsuit was concluded on December 31, 2016 by the final and conclusive decision of recommending reconciliation as of December 14, 2016.

2...

Reasons

1. Facts of recognition;

A. In relation to the instant lawsuit, “the Defendant shall pay KRW 150,00,00 to the Plaintiff A, and KRW 145,00,000 to the Plaintiff B, respectively, until January 16, 2017. If the Defendant fails to pay the said amount by the payment date, the Defendant’s decision of recommending settlement was served on the Plaintiffs’ legal representative on December 15, 2016, to the effect that “in addition to the delayed damages calculated at 15% per annum from the date following the payment date until the date of full payment, the Defendant shall pay the unpaid amount by adding the delayed damages to the Plaintiff’s legal representative on December 15, 2016.”

B. The plaintiffs' attorney and the defendant's attorney did not raise an objection to the above decision of recommending reconciliation.

C. On December 29, 2016, the Plaintiff’s Intervenor raised an objection against the foregoing order of recommending dismissal.

2. Where the intervenor's procedural acts are contrary to the intervenor's procedural acts, the intervenor's procedural acts shall not be effective;

(Article 76 (2) of the Civil Procedure Act). We examine the facts that the plaintiffs, who were the parties, did not raise any objection to the above decision of recommending reconciliation.

Therefore, the plaintiff assistant intervenor's objection is not effective because it is against the plaintiffs' above procedural acts.

Therefore, the above decision of recommending reconciliation was finalized on December 31, 2016, when two weeks have passed since December 16, 2016, which was last served on the plaintiffs and the defendant.

3. As such, the instant lawsuit is concluded on December 31, 2016 by the final and conclusive decision of recommending reconciliation as of December 14, 2016, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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