손해배상 청구[국승]
Seoul Western District Court-2017-Ban-10827 ( April 10, 2019)
Claims for Damages
An appeal which is inappropriate to specify the grounds for appeal by the plaintiff based on the relevant facts and legal grounds, and thus is subject to rejection pursuant to Article 413 of the Civil Procedure Act.
Article 413 of the Civil Procedure Act
Seoul Western District Court Decision 2019Na32556 Compensation, etc.
- Appellants
M
AA
National Rotations
Pleadings without Oral Proceedings
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
It is as stated in each corresponding column of "the purport of the claim" and "the purport of the appeal" of the Gu office.
According to the records of this case, such as a complaint, petition of appeal, etc. submitted by the plaintiff (appointed party, hereinafter referred to as the "Plaintiff"), it cannot be deemed that the cause of this case was specified because it is difficult to clearly understand what facts and legal grounds the plaintiff filed a lawsuit against the defendants based on the facts and legal grounds. Since the guidance for appeal is unclear, it is difficult to specify the scope of objection to the judgment of the court of first instance and the subject of the judgment of the court.
Furthermore, the exercise of the right to file a trial is also regulated by the principle of good faith in order to protect the other party and secure judicial functions. Filing a lawsuit with the same and similar contents identical or similar to the same claim on the sole ground that it cannot be accepted by law even though the court had been rejected several times, barring special circumstances. In this case, the Plaintiff’s appeal against the judgment of the first instance court that lawfully dismissed the lawsuit of this case constitutes abuse of the right to file a lawsuit or appeal, barring special circumstances. In this case, since around 2009, the Plaintiff continuously filed a lawsuit identical or similar to the claim of this case against the Defendant Republic of Korea, the head of the Republic of Korea, and the Park Il-il, etc., continuously and repeatedly filed a lawsuit identical or similar to the claim of this case, but all of which were dismissed or dismissed due to the purport of the lawsuit of this case and the non-performance of unspecified or non-performance of the right to file a lawsuit, which became final and conclusive.
Therefore, the plaintiff's appeal constitutes an unlawful case where the defects cannot be corrected due to its illegality, and thus, it is so decided as per Disposition by deciding to dismiss it without holding any pleadings pursuant to Article 413 of the Civil Procedure Act.