대위변제금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Whether the lawsuit of this case is legitimate
(a) Where a lawsuit between the parties on the same subject matter of lawsuit is filed again while a lawsuit on the same subject matter of lawsuit is pending in the court, the lawsuit that has been pending later is unlawful as it violates the principle prohibiting the double filing of lawsuit.
B. The facts of recognition ① The Plaintiff and the Defendant concluded a partnership agreement with the contents of a joint operation of C (the photographor) around 2006, and continued to operate the partnership business (hereinafter “instant partnership business”) accordingly, and concluded the partnership business of this case on February 28, 201 as the issue of voluntary use, etc. of partner acid was disputed.
② On January 20, 2012, the Defendant (B) filed an action against the Plaintiff (A) seeking payment of the money embezzled by the Plaintiff in relation to the instant trade and the settlement of the said trade, as the Cheongju District Court 2012Kadan2033.
Accordingly, on June 14, 2013, the Plaintiff (A) filed a separate counterclaim against the Defendant (B) with the same court (hereinafter “ separate counterclaim”). The Plaintiff sought payment of the settlement amount on the ground that the Plaintiff paid the amount embezzled by the Defendant in relation to the instant club business and the amount of environmental improvement charges and fines on the Plaintiff-owned vehicles during the instant club business period, local taxes, communications charges, credit card charges, and loans, interest and interest on public charges, such as local taxes, credit card charges, and resident tax, and the amount of the principal and interest on the instant club business after the completion of the instant club business.
The case is currently pending in the Cheongju District Court No. 2014Na4676(s) and the court of first instance No. 2014Na4683(s).
③ Meanwhile, on June 24, 2013, after filing a separate counterclaim, the Plaintiff filed the instant lawsuit against the Defendant on June 24, 2013, and subrogated the Defendant’s personal debt for D and E as the partner’s deposit for the instant business, and the instant club business for which the Plaintiff paid or has to pay by subrogation.