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(영문) 서울서부지방법원 2016.10.12 2013가합5008 (1)

결과제거,증표제공의무이행 및 손해배상 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On February 25, 2014, the court ordered the Plaintiff to offer a security for costs of lawsuit pursuant to Article 117(2) and (1) of the Civil Procedure Act, and the fact that the Plaintiff filed a complaint and re-appeal, but all dismissed, became final and conclusive (Seoul High Court Order 2014Ra20187, Nov. 3, 2014; Supreme Court Order 2014Ma4233, Feb. 16, 2015; Supreme Court Order 2014Ma4233, Feb. 16, 2015). The fact that the Plaintiff did not offer a security for the said order is recognized by records

2. In addition, in a civil lawsuit, the rights or legal relations in which the parties are the subject matter of a lawsuit shall be specified, and in a case where the subject matter of a lawsuit is not specified, the court does not specify the subject matter of a lawsuit and the scope of validity of the judgment. Thus, the issue of whether the subject matter of a lawsuit is specified belongs to the matter of ex officio investigation by the court as a litigation requirement. As to the plaintiff's claim for the main claim and preliminary claim in this case, it cannot be confirmed that the cause of the claim is specified because it is impossible to ascertain what facts and legal grounds are against the defendants, and as to the claim for performance, such as the removal of effectiveness in connection with the disguised transaction of value-added tax other than the claim for payment, the purport

3. Thus, since the plaintiff's main claim and the conjunctive claim against the defendants in this case are deemed to be one of the copies and are illegal, it is decided as per Disposition.