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(영문) 전주지방법원군산지원 2015.12.24 2015가단52829
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 24,145,696 and KRW 23,787,212 from April 24, 2015 to the date of full payment.

Reasons

1. According to the evidence evidence Nos. 1 and 3 of the judgment as to the cause for the claim, the facts constituting the same cause for the claim as stated in the separate sheet No. 1 and 3 (Provided, That “creditor” can be acknowledged as “Plaintiff” and “debtor” as “Defendant.”

On May 4, 2015, the defendant only sent a formal answer requiring dismissal in a written objection against the request for payment order, and the substantial answer was not given.

On September 17, 2015, the full bench notified the defendant that the defendant may be dismissed as a means of real-time attack and defense at the time of non-compliance, demanding the defendant to make a substantive answer by the order of preparation for explanation.

However, even if the defendant was served directly on September 10, 2015, the defendant did not give any answer within two weeks as set forth in the above order to make up for the explanation.

On December 10, 2015, no answer was made even before the date for pleading, and did not appear at the date for pleading.

Therefore, the defendant's argument that is disputed after the trial should be dismissed as a means of attack and defense during the real time period, and such judgment is expected to be maintained in the appellate court.

Considering the above points, a judgment shall be prepared by citing the cause of the claim corresponding to the precedent of confession.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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