적법한 소송상의 청구로 볼 수 없어 이 사건 소는 부적법하므로 각하함[국승]
Since it cannot be seen as a legitimate claim for lawsuit, the lawsuit of this case is unlawful and dismissed.
Since the plaintiff's claim cannot be deemed to have been specified as the subject of the claim is not clear, the above claim is dismissed as it is unlawful.
Article 249(1) of the Civil Procedure Act
2015 grouped 40169 grouped 20169 grouped 201
AA
Republic of Korea and 4
November 28, 2018
December 19, 2018
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Cheong-gu Office
The primary purport of the claim is that the Defendants jointly and severally pay 6,00,000 won to the Plaintiff (appointed parties; hereinafter referred to as the “Plaintiff”) and the Selected OO Co., Ltd. (hereinafter referred to as “OOO”) as well as 9% per annum from July 17, 2009 to the date of delivery of a copy of the complaint, and 20% per annum from the next day to the date of full payment.
○ Preliminary Claim: Defendant KKKK Co., Ltd., and BBBB, jointly perform the obligation to rectify the tax amount of KRW 6,062,00 with the Plaintiff and the Selected OOO. Alternatively, Defendant Republic of Korea, CCC, and DD shall jointly and severally deliver (tax amount) the goods of KRW 6,000,00 (tax amount) to the Plaintiff and the Selected OOO, and shall pay a surcharge calculated at the rate of 20% per annum.
Although the date of pleading has been three times in connection with the instant case, the part of the claim in this case cannot be seen as having been specified in the cause of the claim since it is impossible to ascertain that the Defendants, based on what factual basis and legal basis, bears the obligation to pay money to the Plaintiff and the OOOO, and the part seeking the delivery (return) and correction of the goods is not clear, and thus, the purport of the claim and the cause of the claim are specified.
Since the lawsuit of this case is unlawful, it is decided to dismiss it and it is so decided as per Disposition.