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(영문) 부산지방법원 2020.04.23 2019가단314946

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. The Plaintiff asserted that the cause of the claim was included in paragraph (1) against the Defendant, and filed a lawsuit with the Busan District Court 2016Gadan52735, Feb. 9, 2018, but was sentenced to dismissal ruling on February 9, 2018, and filed an appeal with the Busan District Court 2018Na4456, which included the cause of the claim, and was sentenced to a dismissal ruling of the Plaintiff’s appeal and the claim extended on January 16, 2019. The fact that the final judgment was dismissed and finalized on May 30, 2019 is either no dispute between the parties or that it was recognized by comprehensively taking into account the overall purport of the pleadings as stated in the evidence No. 1 and No. 2.

Therefore, since the lawsuit of this case conflicts with the res judicata of the above final judgment, the plaintiff's claim is dismissed as it cannot be judged inconsistent with the above final judgment in this case.