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(영문) 서울서부지방법원 2016.11.25 2015나30866

가산금

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. All the costs of appeal are assessed against the Plaintiff (Appointed Party) and the appointed parties.

Reasons

1. Judgment on the main claim

A. Defendant D, Korea, and F’s judgment on the main defense of the safety of the Republic of Korea) Defendant D, Korea, and F are Defendant D, Korea, and F. The Plaintiff and Selected K Co., Ltd. (hereinafter “C”)

)(The plaintiff and the Selection K together shall be referred to as the "Plaintiffs".

In light of the fact-finding that the primary claim and the cause of the claim are not specified, and the plaintiffs have continuously and repeatedly filed the lawsuit against the above defendants, etc. based on the facts identical to the primary claim, the plaintiffs' primary claim constitutes a suit against the principle of good faith, and thus, the plaintiff's primary claim and the primary claim against the above defendants in the lawsuit in this case are unlawful and defense. 2) In addition, Article 249 (1) of the Civil Procedure Act provides that the purport and cause of the claim shall be stated in the complaint. This is because the plaintiff can proceed to a trial only when a specific right or legal relation alleged by the plaintiff is specified in the claim and the cause of the claim, i.e., the existence of a specific right or legal relation claimed by the plaintiff, and even if the claim is specified, the same right can be established in the case of a relative non-exclusive right, such as the claim, and therefore, the subject matter of the lawsuit can only be specified only

In this case, it is difficult to specify the rights or legal relations claimed by the plaintiffs because it is difficult for the plaintiffs to grasp the specific cause of the claim, such as the right to seek monetary payment against the defendant D, Korea, and F, even if the plaintiffs presented the complaint, each cause of claim, brief, and all other documents in the petition of appeal, and the purport of the whole pleadings. Thus, the lawsuit against the above defendants is unlawful because the subject of the lawsuit is not specified.

Therefore, above.