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(영문) 서울중앙지방법원 2016.05.25 2015재가합147

기타

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Although the Plaintiff filed a lawsuit against the Defendants seeking the payment of damages for the amount claimed under this Court 2012Gahap102105, the judgment dismissing the Plaintiff’s claim on April 24, 2014 (hereinafter “the judgment subject to a retrial”) was rendered, and the fact that the judgment subject to a retrial became final and conclusive on May 22, 2014 is apparent in records.

2. On April 22, 2015, the fact that the Plaintiff filed a lawsuit against the Defendants on April 22, 2015, seeking the revocation of the judgment subject to a retrial with the court 2015 Jaehap62, and pending in this court is significant.

Meanwhile, the fact that the instant lawsuit for retrial was filed on September 9, 2015 is apparent in the record. As long as, while the Plaintiff filed a lawsuit against the Defendants against the Defendants and was pending in the court, the Plaintiff brought the instant lawsuit against the Defendants as a substantial identical cause for retrial, the instant lawsuit pending later is unlawful in violation of the principle of prohibition of double filing.

3. Therefore, we decide to dismiss the lawsuit of this case for retrial as per Disposition.