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

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 brought differently with the parties, if the pending lawsuit is not extinguished due to withdrawal, 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, e.g., Supreme Court Decision 2017Da23066, Nov. 14, 2017). In such cases, the criteria for identifying a previous suit and a subsequent suit shall follow the time when the lawsuit is pending, i.e., the time when the complaint was served on the defendant.

(See Supreme Court Decision 87Meu3155 Decided April 11, 1989, etc.). In full view of the fact that there is no dispute between the parties, and the purport of the entire arguments in this court as a whole, the Plaintiff filed a lawsuit against the Defendant under this court’s order 2018Da2253 on May 10, 2018, which is identical to the purport of the claim of the instant lawsuit (hereinafter “prior lawsuit”), and the fact that the complaint was served on the Defendant on May 18, 2018, and the instant lawsuit was thereafter filed on July 10, 2018.

According to the above facts, the lawsuit of this case is unlawful because it was filed later in time as a prior suit that has already been pending and the subject matter of lawsuit is the same as the one of the parties and parties.

2. If so, the instant lawsuit is unlawful, and thus, it is so decided as per Disposition by the assent of all participating Justices.