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(영문) 대전지방법원 2018.11.08 2018가단1916

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The reasons for the claim asserted by the plaintiff are as shown in the annexed sheet.

2. Defendant’s prior defense prior to the filing of the instant lawsuit - In a case where the same subject matter of lawsuit as the receiving party and the same subject matter of lawsuit are filed differently, the lawsuit which was filed later contravenes the principle of prohibition of double lawsuit, and is unlawful. In this case, the criteria for identifying the prior suit and the subsequent suit are followed after the prior filing of the lawsuit, namely, the time when the complaint or the application for modification of lawsuit, etc. was served on the Defendant. In full view of the purport of the entire pleadings as to the domestic case that had already been pending before the filing of the instant lawsuit (including the provisional number), the Plaintiff filed a claim for damages due to the wrongful destruction of de facto marriage filed by the Defendant - the Daejeon Family Court 2017ddan50842), which had already been pending before the filing of the instant lawsuit, by asserting damages due to the Defendant’s unlawful act that contains the same content as the instant lawsuit, and thus, it is unlawful as the instant lawsuit constitutes a duplicate lawsuit.

3. Rejection of the conclusion;