손해배상(기)
1. The plaintiff A's lawsuit against the defendant Republic of Korea shall be dismissed.
2. The plaintiffs except the plaintiff A.
1. The defendant Republic of Korea asserts that the lawsuit against the defendant Republic of Korea by the plaintiff A against the defendant is unlawful, since it is against the principle of prohibition of double lawsuit, as it is identical to the damages claim by this court 2014Gahap1979.
The principle of prohibition of double lawsuit shall not re-inven any lawsuit against the case pending in the court.
(Civil Procedure Act Article 259 of the Civil Procedure Act provides that health class for the instant case, Plaintiff A filed a lawsuit against Defendant Republic of Korea on April 14, 2014 by this court 2014Gahap19979, on the ground that the suspension of indictment by the prosecution constitutes a tort, and on September 3, 2015, Plaintiff A was sentenced to a dismissal ruling on September 3, 2015. The fact that Plaintiff A appealed the above judgment and is pending in the appellate court as Seoul High Court 2015Na205280 is significant in this court.
Therefore, the Plaintiff’s lawsuit against the Defendant Republic of Korea, which was received by the complaint on November 14, 2014, is unlawful since it violates the principle of prohibition of double lawsuit, since the case is already pending in the court and the subject matter of lawsuit are identical to the one in which
2. Judgment on the merits
A. Basic facts 1) The Plaintiffs are current university professors or their spouses, and they are B-Mutual Aid Association (hereinafter “Mutual Aid Association”).
2) Of the members of the Mutual-Aid Association, part of the members of the Mutual-Aid Association filed a petition with Defendant Financial Supervisory Service, if the Mutual-Aid Association received the long-term mutual-aid installment savings and cash consignment without obtaining permission from the competent administrative agency on early 2010.
3) On February 5, 2010, Defendant Financial Supervisory Service requested investigation to the Seoul Seongbuk Police Station, and the Seoul Seongbuk Police Station Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “the Act on the Regulation of Conducting Fund-Raising Business without Permission”) between the Mutual-Aid Association and its representative C.
The Act on the suspicion of violation, Registration of Credit Business, and Protection of Finance Users (hereinafter “Credit Business Act”)
After investigating the alleged violation, May 18, 2010.