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(영문) 대구지방법원 상주지원 2018.05.30 2018가단113

집행문부여에 대한 이의

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1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

For the case pending before a court, neither party shall institute any lawsuit again.

(Article 259 of the Civil Procedure Act). On December 22, 2017, prior to the filing of the instant lawsuit, the Plaintiff filed a lawsuit of demurrer against the Defendant with this court under the court 2017Kadan2952. The purport of the said lawsuit and the cause of the claim are identical to the instant lawsuit, and the facts identical to the instant lawsuit are significant in this court.

(A) At the first date for pleading, the Plaintiff also recognized that two cases are identical to the above case and the parties thereto. The instant lawsuit is identical to the said case, and the pending lawsuit was not extinguished until the closing of argument in the instant case.

If so, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.