대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination ex officio as to the legitimacy of the instant lawsuit
(a) For the case pending before a court, neither party shall institute any lawsuit again;
(Article 259 of the Civil Procedure Act. Therefore, in a case where a lawsuit with the same subject matter of lawsuit has been instituted differently from the parties, if the pending lawsuit is not extinguished due to withdrawal or rejection, etc. of the previous lawsuit until the closing of argument in the subsequent lawsuit, the subsequent lawsuit is unlawful as a lawsuit filed against
(See Supreme Court Decision 2017Da23066 Decided November 14, 2017). B.
The following facts may be recognized or are significant to this court by comprehensively taking into account the respective descriptions of Gap evidence Nos. 2, 4, and 5 and the purport of the whole pleadings:
(1) On March 13, 2019, the Plaintiff agreed to pay KRW 50 million to the Plaintiff at the time of termination of the lease agreement between the Plaintiff, C, and the Defendant (Lessee) with the primary Defendant and the primary Defendant as Suwon District Court Decision 2019Kadan512214, the Plaintiff filed a lawsuit against the primary Defendant and the primary Defendant for the payment of KRW 50 million in accordance with the agreement, as the Plaintiff, C, and the Defendant agreed to return the lease deposit to the Plaintiff at the time of the termination of the lease agreement between the Plaintiff and the Defendant (Lessee). < Amended by Presidential Decree No. 20690, Feb. 21, 2017; Presidential Decree No. 27870, Feb. 22, 2017; Presidential Decree No. 27950, Feb. 3, 2017; Presidential Decree No. 27920, Feb. 22, 2017>
(2) On June 18, 2019, the Plaintiff filed the instant lawsuit against the Defendant seeking the payment of the instant loan.
(3) On September 5, 2019, the Suwon District Court rendered a judgment to the effect that “the claims against the principal defendant C are partially accepted, and all claims against C and the conjunctive defendant are dismissed.” As of the date of closing argument of this case, the principal defendant C appealed.