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(영문) 서울서부지방법원 2016.11.03 2015가단24136

손해배상등

Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

With respect to the legitimacy of the lawsuit of this case ex officio, the rights or legal relations of the parties to the lawsuit of this case must be specified in the public health class, civil litigation, and if the subject matter of the lawsuit is not specified, the court does not specify the subject matter of the trial and the scope of the effect of the judgment. Thus, whether the subject matter of the lawsuit is specified belongs to

In this regard, the plaintiffs sought the payment of money or delivery of documents to the Defendants by the instant lawsuit (see, e.g., Supreme Court Decision 2010Da87641, Mar. 10, 201). However, even if the complaint, briefs, and all other documents submitted by the plaintiffs are examined, it is difficult to specify whether the plaintiffs seek the payment of money or delivery of documents based on any factual and legal basis.

Furthermore, the records of this case can be acknowledged or the following facts are found in this court. In other words, the plaintiffs asserted that the J, an employee of the plaintiff company, embezzled and embezzled the funds of the above company and committed illegal acts such as borrowed transactions, money laundering, evasion of tax evasion, etc., and that the defendants, including the defendants, filed a lawsuit repeatedly against K's officers and employees, business partners of the plaintiff company, employees of the plaintiff company, courts and prosecutor's offices, etc. seeking monetary payment, various performance obligations, return of goods, etc., ② the plaintiffs received the dismissal judgment on the grounds that there is no evidence to prove the plaintiff's assertion that the plaintiff was dismissed for the abuse of an unspecified subject matter of lawsuit or right of lawsuit without any exception in the above lawsuit, ③ even while the lawsuit of this case is pending, it is difficult to view that the plaintiff's lawsuit of this case has the substance of exercising the legitimate exercise of the right to trial.

Thus, the plaintiffs' lawsuit of this case seems to be a mother.