손해배상등결과제거의무이행
1. The appeal of this case shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
purport, purport, and.
1. The court of the first instance rejected the instant lawsuit without holding any pleadings, deeming that the instant lawsuit was unlawful and thus cannot be corrected for the following reasons.
“The rights or legal relations between the parties to a civil lawsuit shall be specified, and where the subject matter of a lawsuit is not specified, the court shall not specify the subject matter of a lawsuit and the scope of validity of the trial. Thus, whether the subject matter of a lawsuit is specified belongs to the matter of ex officio examination by the court as a requirement for a lawsuit. Of the subject matter of a lawsuit in this case, it cannot be determined that the cause of the claim is specified because it is impossible to ascertain what factual relations and legal basis the Defendants are liable to pay money, and it cannot be seen that the subject matter of a claim in this case is unclear, and the purport of the claim and the cause of the claim are not specified as well. Meanwhile, the fact that the Plaintiff (Appointed Party) filed a lawsuit similar to the lawsuit in this case, but has been rejected for reasons of the purpose of the lawsuit and the unspecified cause of the claim
2. According to the records of this case, the plaintiff (appointed) submitted a petition of appeal against the judgment of the court of first instance, but the defects such as the uncertainty of the purport of the claim and the cause of the claim have not been corrected as stated in the judgment of the court of first instance.
In addition, since the purport of appeal and guidance for appeal stated in a petition of appeal and other written documents submitted by the plaintiff (appointed party) are unclear, the scope of appeal against the judgment of the court of first instance and the subject matter of appeal cannot be specified in the appellate court.
In such a situation, even if the pleading is in progress, the appellate court shall revoke the judgment of the first instance court, and shall grant legal remedies desired by the plaintiff (appointed party) by having the plaintiff render a judgment on the merits or remand the case to the first instance court.