부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments to the defendant’s assertion, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant's assertion 1) The plaintiff alleged that the real estate of this case was transferred in lieu of the repayment of the loan claim, and the lawsuit of this case was filed separately against the defendant, and as such, the lawsuit is pending in the lawsuit seeking payment of the existing loan claim against the defendant, it constitutes a duplicate lawsuit. 2) The party cannot institute a lawsuit again against the case pending in the court.
(1) Article 259 of the Civil Procedure Act provides that “If a lawsuit with the same subject matter of lawsuit has been instituted differently by the parties to the same lawsuit, if the pending lawsuit is not extinguished by the withdrawal or rejection of the previous lawsuit until the closing of argument in the subsequent suit, the subsequent suit is unlawful as a lawsuit brought in violation of the prohibition of duplicate lawsuit (see, e.g., Supreme Court Decision 2017Da23066, Nov. 14, 2017), the criteria for determining the judgment of the previous suit and the subsequent suit shall be based on the time when the lawsuit is pending, namely, on the prior
(See Supreme Court Decision 94Da12517, 12524 Decided November 25, 1994, etc.). The Plaintiff filed the instant lawsuit against the Defendant on May 24, 2018 and served the duplicate of the instant complaint with the Defendant on August 14, 2018. The Plaintiff filed an application for mediation against the Defendant on January 9, 2018 with the Busan District Court for the payment of loans under the Busan District Court 2018M71, but the same year was applicable.
2. On May 1, 2019, the above court rendered a decision that the Defendant failed to mediate for reasons of impossibility of being served on the Defendant, and the above case was executed by Busan District Court 2018Gahap41217, and on May 1, 2019, it is obvious that the Defendant was served with a copy of the complaint of the above case, and thus, the lawsuit pending on May 1, 2019.