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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
Through the instant lawsuit, the Plaintiff sought payment of KRW 15,00,000 for the three-month wages from July 2012 to September 2012, and KRW 20,000 for the material cost paid to the non-party sex chemical on behalf of the Defendant, and KRW 3,000,000 for other costs. The Defendant filed a lawsuit against the Plaintiff (hereinafter “related lawsuit”) against the Plaintiff, including the court’s 2013da7571 wage, and is still pending in this court. The Plaintiff raised a defense of the same contents as the Defendant’s claim against the Defendant in the relevant lawsuit is obvious to this court. According to the above fact finding, it is difficult to view that the instant lawsuit constitutes a counterclaim in substance related to the relevant lawsuit, and thus, it is difficult to view that the Plaintiff has the same meaning as the Defendant’s claim in this case’s related lawsuit, and that there is no interest in the Plaintiff’s claim to seek the right of defense as well as the relevant lawsuit.
2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.