(2) The legality of a partial claim, which can be seen as abuse of the right of action

A lawsuit claiming only KRW 2,00,000 which is imposed on the limit of 1/10 of the total amount among the claims for a housing loan equivalent to KRW 20,000 shall be dismissed as an illegal lawsuit against Article 18 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is brought for the purpose of being subject to the Trial of Small Claims Act.

Article 18 of the Act on Special Cases concerning Promotion of Legal Proceedings

Kim Jae- Jae

Thresponding City

Yeongdeungpo Branch Court of Chuncheon District Court (85 Ghana943, Counsel for the defendant-appellant)

1. Revocation of the original judgment;

2. The instant lawsuit shall be dismissed.

3. All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

The original judgment shall be revoked.

The defendant shall pay to the plaintiff 2,00,000 won with an interest of 25 percent per annum from the day when the copy of the complaint of this case is served to the day when the copy of the complaint of this case is served.

The costs of lawsuit shall be assessed against the defendant in both the first and second trials and a declaration of provisional execution.

On March 27, 1985, based on the original sentence of provisional execution rendered by the court of 84 Gahap4316 case with respect to the non-party Hyundai Housing Association in the Seoul Special District Court, the plaintiff asserted that the above union's claim amounting to KRW 20,200,000 among the claims for national housing loans held by the defendant was served to the defendant on March 29, 1985 upon the order of seizure and assignment of the claim. However, prior to the judgment on the above claim, it is clear that the above claim of this case for the purpose of paying a certain amount of money was made ex officio, and it is clear that the above union's claim of this case was made by dividing the above claim amount to KRW 20,200,00 and KRW 10,000 among the claims for national housing loans held by the above union against the defendant.

Therefore, the lawsuit of this case is dismissed as it is an illegal lawsuit filed in violation of Article 18 of the Trial of Small Claims Act to prevent abuse of the right of lawsuit. Since the original judgment which concluded otherwise is unfair, the original judgment is revoked and the lawsuit of this case is dismissed. It is so decided as per Disposition by the application of Article 89 of the Civil Procedure Act to the burden of litigation costs.

Judges Lee Han-young (Presiding Judge)