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(영문) 서울고등법원 2018. 06. 12. 선고 2018누38804 판결

전소 진행 중에 동일한 소송물에 대한 후소를 제기한 것은 중복된 소제기에 해당됨[각하]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2015-Gu Partnership-76216 ( October 19, 2018)

Title

The filing of a subsequent suit with respect to the same subject matter of lawsuit during the process of the prior suit constitutes a duplicate lawsuit.

Summary

(See the judgment of the first instance court) The filing of a subsequent suit for the same subject matter in the process of a prior suit constitutes an unlawful subject matter of rejection because it constitutes a duplicate suit.

Cases

2018Nu3804 Revocation of Disposition Rejecting Value-Added Tax Correction

Plaintiff

OOOO

Defendant

OO Head of the tax office

Conclusion of Pleadings

May 29, 2018

Imposition of Judgment

June 12, 2018

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance is revoked. The defendant's rejection disposition against the plaintiff on February 13, 2015 against the second value-added tax of 00 won that was rendered on February 13, 2015 shall be revoked.

Reasons

The reasoning for this case is that the court's judgment is identical to the reasoning for the judgment of the first instance except that 9 '9' from the second bottom of the judgment of the first instance to 'Seoul Administrative Court', 'the third and the second 'the second 'the second 'the second 'the second 'the second 'the second 'the second 'the copy' to 'the second 'the second 'the copy of the judgment of the first 'the second '.'

Therefore, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit.