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(영문) 서울서부지방법원 2016.01.22 2015가단7049

손해배상등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Judgment as to the main claim

A. Defendant D Co., Ltd. (hereinafter “Defendant D”)

) Korea, E, F, and G are the Plaintiff and the Selected K Co., Ltd. (hereinafter referred to as the “Appointed K”).

)(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 for the plaintiffs to understand the specific cause of the claim, such as the right to seek monetary payment against the defendant D, Korea, E, F, and G, and the right to seek monetary payment as stated in the primary purport of the claim, even if we look at the overall purport of the pleadings, as well as each cause of the claim (as stated in the correction of August 4, 2015) and the written application for amendment of the claim and the cause of the claim (as stated in the separate sheet) submitted by the plaintiffs.